Terms of Use
Terms of Use - Plain English
Please note, we are
providing this "Plain English" version to help you get a
quick overview of our full Terms of Use. It is intended as a quick
overview, not a legal document. TimeCam.TV is not responsible for any
omissions or inaccuracies that this ‘Terms of Use - Plain
English" text may contain. By accepting the Terms of Use you
are agreeing to the contents of the "Terms of Use - Legal
Version" text, not the Plain English version.
Limits on use and camera content:
You MAY use TimeCam.TV service to:
Create a
TimeCam from any camera that you own or have legal written
permission to use.
Create a
TimeCam from any camera that whose images are freely available to
you for public commercial use (e.g. U.S. National Park Cameras,
etc.)
Use a link to
your TimeCam(s) or embed a TimeCam you have the right to use on your
webpage for commercial purposes such as increasing page-views,
generating ad-clicks, etc.
The following uses of
TimeCam services, including the Embeddable player are prohibited and
will result in immediate termination of your TimeCam account,
deletion of all archived images and your permanent disbarment from
using TimeCam services in the future if TimeCam so chooses.
You MAY NOT:
Create
TimeCams for any content that you do not either legally own or have
legal written permission to use.
Embed TimeCams
that you did not create or have legal written permission to use in
an external website.
Use TimeCam.TV
or any TimeCam services for any illegal activities including but not
limited to recording/displaying:
Images from
hidden surveillance cameras in public areas
Images from
hidden surveillance cameras in privately owned areas where
individuals have the right to expect privacy (e.g. bathrooms, locker
rooms, dressing rooms, bedrooms, etc.)
Use TimeCam.TV
or any TimeCam services for recording/displaying images from hidden
surveillance cameras in privately owned areas where individuals have
the right to expect privacy (e.g. bathrooms, locker rooms, dressing
rooms, bedrooms, etc.) even if this behavior is not illegal in
the location where the camera is installed.
Note that as
of October, 2008, there are only 13 states in the US that prohibit
this type of surveillance. If this is concerning to you, please
contact your elected officials and express your concern.
The owners of
TimeCam believe that this type of surveillance should be illegal and
so TimeCam.TV prohibits the use of TimeCam for this type of behavior
even where it is not illegal.
Use TimeCam.TV
or any TimeCam services for any activity that is adult in nature -
if someone would need to be over 18 in the United States to legally
view your camera, you are prohibited from using TimeCam for your
camera
Services provided to you by TimeCam:
TimeCam
will make every reasonable effort to keep our servers functioning
and to record your images at the interval specified in the camera
settings. TimeCam.TV will also make every reasonable effort to keep
current and robust backups of all data to prevent data loss.
TimeCam.TV understands that accurate image recording and
preservation is the core of our business. However, recording and
archival services provided by TimeCam.TV are provided with no
warranty that all images will be recorded or that images will not be
lost due to hardware failures or negligent behavior.
The TimeCam
time-lapse services provided by TimeCam are not intended to be used
in situations where failure of the service could result in security
concerns, injury or death or damage to property. TimeCam is not
responsible any damages of any sort resulting from use of our
website or our services whether these damages were reasonably
preventable or not.
Public vs. Private Cameras:
When you register a
camera with TimeCam, you can choose to make the TimeCam Public or
Private. (Via the "Display on TimeCam.TV" checkbox)
Public Cameras:
Will
be available for view by users browsing our site
Will be
indexed by search engines
May be chosen
at the discretion of TimeCam to be featured on TimeCam.TV homepage.
TimeCam views
generated through placement on the TimeCam homepage will not be
deducted from your view quota. "Normal" views of your
TimeCam from a direct link to the camera or from embedded links in
other sites will continue to be deducted from your view count.
If TimeCam
chooses to feature your camera, you can ask us to remove the camera
from the TimeCam.TV homepage.
Private Cameras:
Will
not be available to the public except to users logged in through
your account
Will not be
indexed by search engines
TimeCam will
make every reasonable effort to make sure that private cameras are
not available publically, but TimeCam can not assure you 100% that
there is no chance that someone will see a private camera
accidentally.
In order for
the TimeCam service to work, images from private cameras will be
archived on TimeCam servers and backup servers and devices. While
TimeCam has no intention of snooping on private cameras, all
cameras are available for viewing by TimeCam administrators and
archived images are potentially viewable by TimeCam employees and
our internet hosts.
What TimeCam does with your images:
In
order to provide the time-lapse services offered by TimeCam, we will
record and archive images from the image URL that you specify in the
settings for each of your cameras.
TimeCam may or may not keep any or all of these images on our
servers, backup servers, in disk images, etc.
If you wish to have the images recorded from your camera deleted
completely, please contact us and we will make every effort to do
so. However, we can not assure you that all images will be
permanently deleted from all storage locations.
User Accounts and cancellation:
When
an account is canceled either by you or by TimeCam, recorded images
associated with the TimeCams in a users account will be retained for
a period of 30 calendar days. After this time all image and account
data will be permanently deleted.
After your
account has been cancelled either by you or TimeCam, you will have
the opportunity to download archived images for a fee, provided you
do so within 30 calendar days of the cancellation of your account.
TimeCam
reserves the right to cancel your account at any time for whatever
reason.
Terms of Use
- Legal Version
1.
Your Acceptance
A.
By using and/or visiting this website (collectively, including all
content and functionality available through the TimeCam.TV.com domain
name, the "TimeCam.TV Website", or "Website"),
you signify your agreement to (1) these terms and conditions (the
"Terms of Service")If you do not agree to any
of these terms or the TimeCam.TV privacy notice please do not use the TimeCam.TV Website.
B.
Although we may attempt to notify you when major changes are made to
these Terms of Service, you should periodically review the most
up-to-date version http://www.timecam.tv/docs_term.aspx).
TimeCam.TV may, in its sole discretion, modify or revise these Terms
of Service and policies at any time, and you agree to be bound by
such modifications or revisions. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
2.
TimeCam.TV Website
A.
These Terms of Service apply to all users of the TimeCam.TV Website,
including users who are also contributors of image content, numerical
data, information, and other materials or services on the Website.
The TimeCam.TV Website includes all aspects of TimeCam.TV, including
but not limited to all products, software and services offered via
the website such as the TimeCam.TV "Embeddable Player," and
other applications.
B.
The TimeCam.TV Website may contain links to third party websites that
are not owned or controlled by TimeCam.TV. TimeCam.TV has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition,
TimeCam.TV will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve
TimeCam.TV from any and all liability arising from your use of any
third-party website.
C.
Accordingly, we encourage you to be aware when you leave the
TimeCam.TV Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3.
TimeCam.TV Accounts
A.
In order to access some features of the Website, you will have to
create a TimeCam.TV account. You may never use another's account
without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account
password secure. You must notify TimeCam.TV immediately of any breach
of security or unauthorized use of your account.
B.
Although TimeCam.TV will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
TimeCam.TV or others due to such unauthorized use.
4.
General Use of the Website—Permissions and Restrictions
TimeCam.TV
hereby grants you permission to access and use the Website as set
forth in these Terms of Service, provided that:
A.
You agree not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined below),
without TimeCam.TV's prior written authorization.
B.
You agree not to alter or modify any part of the Website, including
but not limited to TimeCam.TV's Embeddable Player or any of its
related technologies.
C.
You agree not to access User Submissions (defined below) or
TimeCam.TV Content through any technology or means other than the
Website itself, the TimeCam.TV Embeddable Player, or other explicitly
authorized means TimeCam.TV may designate.
D.
Allowed commercial uses of the Website including the
TimeCam.TV Embeddable Player, without the prior written authorization
of TimeCam.TV are:
Creating a TimeCam or maintaining an original user page to promote
your business or artistic enterprise;
using the
Embeddable Player to show TimeCams that are owned by you on an
ad-enabled blog or website, provided the primary purpose of using
the Embeddable Player is not to compete with TimeCam.TV;
sale of access to
the Website or its related services (such as the Embeddable Player)
on another website;
use of your
TimeCam pages or the Embeddable Player for the primary purpose of
gaining advertising or subscription revenue;
and any use
that TimeCam.TV expressly authorizes in writing.
E.
Prohibited commercial uses include (but are not limited to):
sale of access to any TimeCam or images that are not legally owned
by you or that you do not have written legal permission to use for
commercial purposes either on the Website, via the Embeddable Player
or on your website via any means;
the sale of
advertising, on the TimeCam.TV website or any third-party website,
targeted to the content of specific TimeCams or user content that
was not created by you or is not legally owned by you;
and any use of
the Website or its related services (such as the Embeddable player)
that TimeCam.TV finds, in its sole discretion, to use TimeCam.TV's
resources or User Submissions with the effect of competing with or
displacing the market for TimeCam.TV, TimeCam.TV content, or its
User Submissions.
F.
If you use the TimeCam.TV Embeddable Player on your website you may
not modify, build upon, or block any portion of the Embeddable Player
in any way.
H.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or
"offline readers," that accesses the Website in a manner
that sends more request messages to the TimeCam.TV servers in a given
period of time than a human can reasonably produce in the same period
by using a conventional on-line web browser. Notwithstanding the
foregoing, TimeCam.TV grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not
caches or archives of such materials. TimeCam.TV reserves the right
to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use
the communication systems provided by the Website (e.g. comments,
email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
I.
In your use of the website, you will otherwise comply with the terms
and conditions of these Terms of Service, TimeCam.TV Community
Guidelines, and all applicable local, national, and international
laws and regulations.
J.
TimeCam.TV reserves the right to discontinue any aspect of the
TimeCam.TV Website at any time.
5.
Your Use of Content on the Site
In
addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of content
on the TimeCam.TV Website.
A.
The content on the TimeCam.TV Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are
owned by or licensed to TimeCam.TV, subject to copyright and other
intellectual property rights under the law. Content on the Website is
provided to you AS IS for your information and personal use only and
may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the
respective owners. TimeCam.TV reserves all rights not expressly
granted in and to the Website and the Content.
B.
You may access User Submissions solely:
"Streaming"
means a contemporaneous digital transmission of an audiovisual work
via the Internet from the TimeCam.TV Service to a user's device in
such a manner that the data is intended for real-time viewing and not
intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User TimeCams for any purpose or
in any manner other than Streaming is expressly prohibited. User
TimeCams are made available "as is."
C.
User Comments are made available to you for your information and
personal use solely as intended through the normal functionality of
the TimeCam.TV Service. User Comments are made available "as
is", and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal
functionality of the TimeCam.TV Service or otherwise as prohibited
under this Agreement.
D.
You may access TimeCam.TV Content, User Submissions and other content
only as permitted under this Agreement. TimeCam.TV reserves all
rights not expressly granted in and to the TimeCam.TV Content and the
TimeCam.TV Service.
E.
You agree to not engage in the use, copying, or distribution of any
of the Content other than expressly permitted herein, including any
use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes.
F.
You agree not to embed on any external website, any TimeCam content
that you did not create, or do not have express written permission to
use.
G.
You agree not to circumvent, disable or otherwise interfere with
security-related features of the TimeCam.TV Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the TimeCam.TV Website or the Content therein.
H.
You understand that when using the TimeCam.TV Website, you will be
exposed to User Submissions from a variety of sources, and that
TimeCam.TV is not responsible for the accuracy, usefulness, safety,
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
TimeCam.TV with respect thereto, and agree to indemnify and hold
TimeCam.TV, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
6.
Your User Submissions and Conduct
A.
As a TimeCam.TV account holder you may submit an image url to create
a time-lapse movie ("User TimeCam") and textual content
("User Comments"). User images, camera metadata, TimeCams
and User Comments are collectively referred to as "User
Submissions." You understand that whether or not such User
Submissions are published, TimeCam.TV does not guarantee any
confidentiality with respect to any User Submissions.
B.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize TimeCam.TV to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. For User Submissions marked as "Display on TimeCam.TV", you hereby grant TimeCam.TV worldwide, non-exclusive, royalty-free rights to perform the User Submissions in connection with the TimeCam.TV Website and TimeCam.TV's (and its successors') business. In all performances of User Submission, you will receive attribution in the form of your supplied user name and website url. You also hereby
grant each user of the TimeCam.TV Website a non-exclusive license to
access your User Submissions through the Website, and to use,
reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Website and under these
Terms of Service. The above licenses granted by you in User TimeCams
terminate within a commercially reasonable time after you remove or
delete your User TimeCams from the TimeCam.TV Service. You understand
and agree, however, that TimeCam.TV may retain, but not display,
distribute, or perform, server copies of User Submissions that have
been removed or deleted. The above licenses granted by you in User
Comments are perpetual and irrevocable.
D.
In connection with User Submissions, you further agree that you will
not submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material and
to grant TimeCam.TV all of the license rights granted herein.
E.
You further agree that you will not, in connection with User
Submissions, submit material that is contrary to the TimeCam.TV list
of Prohibited Content (see below)
which may be updated from time to time, or contrary to applicable
local, national, and international laws and regulations.
F.
TimeCam.TV does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and TimeCam.TV expressly
disclaims any and all liability in connection with User Submissions.
TimeCam.TV does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
TimeCam.TV will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. TimeCam.TV reserves the right to remove
Content and User Submissions without prior notice.
9.
Prohibited Content
A.
You may not embed TimeCams that you did not create or have legal
written permission to use in any external website.
B. You may not use
TimeCam.TV or any TimeCam services for any illegal activities
including but not limited to recording/monitoring/displaying:
Images from
hidden surveillance cameras in public areas
Images from
hidden surveillance cameras in
privately owned areas where individuals have the right to expect
privacy (e.g. bathrooms, locker rooms, dressing rooms, bedrooms,
etc.)
Images
of activities that are illegal in the country of origin
C.
Use TimeCam.TV or any TimeCam services for recording/displaying
images from hidden surveillance cameras in privately owned areas
where individuals have the right to expect privacy (e.g. bathrooms,
locker rooms, dressing rooms, bedrooms, etc.) even if this type of
surveillance behavior is not illegal in the location where the
camera is installed.
Note that as
of October, 2008, there are only 13 states in the US that prohibit
this type of surveillance. If this is concerning to you, please
contact your elected officials and express your concern.
The owners of
TimeCam believe that this type of surveillance should be illegal and
so TimeCam.TV prohibits the use of TimeCam for this type of behavior
even where it is not illegal.
D.
Use TimeCam.TV or any TimeCam services for any activity that is adult
in nature - if someone would need to be over 18 in the United
States to legally view your camera, you are prohibited from using
TimeCam for your camera
8.
Account Termination Policy
A.
TimeCam.TV will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat
infringer.
B.
TimeCam.TV reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement, such as, but not
limited to, pornography, obscene or defamatory material, or excessive
length. TimeCam.TV may remove such User Submissions and/or terminate
a User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its sole
discretion.
C.
All images data associated with a cancelled or deleted account will
be retained for 30 calendar days, subject to other restrictions and
assurances herein.
D.
If TimeCam deletes your account, you have the right, within 30 days
to appeal to have your account re-instituted.
9.
Digital Millennium Copyright Act
A.
If you are a copyright owner or an agent thereof and believe that any
User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of
the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit
the service provider to locate the material;
Information
reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an
electronic mail;
A statement that
you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent,
or the law; and
A statement
that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
B.
Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that
you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter-notice containing the
following information to TimeCam.TV:
Your physical or electronic signature;
Identification of
the content that has been removed or to which access has been
disabled and the location at which the content appeared before it
was removed or disabled;
A statement that
you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the
content; and
Your name,
address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco,
California, and a statement that you will accept service of process
from the person who provided notification of the alleged
infringement.
If
a counter-notice is received by the Copyright Agent, TimeCam.TV may
send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or
cease disabling it in 10 business days. Unless the copyright owner
files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the
counter-notice, at TimeCam.TV's sole discretion.
10.
Warranty Disclaimer
YOU
AGREE THAT YOUR USE OF THE TIMECAM.TV WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIMECAM.TV, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. TIMECAM.TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TIMECAM.TV
WEBSITE. TIMECAM.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE TIMECAM.TV WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TIMECAM.TV WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY 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.
10.
Limitation of Liability
IN
NO EVENT SHALL TIMECAM.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TIMECAM.TV
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT TIMECAM.TV SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
The
Website is controlled and offered by TimeCam.TV from its facilities
in the United States of America. TimeCam.TV makes no representations
that the TimeCam.TV Website is appropriate or available for use in
other locations. Those who access or use the TimeCam.TV Website from
other jurisdictions do so at their own volition and are responsible
for compliance with local law.
11.
Indemnity
You
agree to defend, indemnify and hold harmless TimeCam.TV, its parent
corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access to the
TimeCam.TV Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of the TimeCam.TV Website.
12.
Ability to Accept Terms of Service
You
affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these
Terms of Service. In any case, you affirm that you are over the age
of 13, as the TimeCam.TV Website is not intended for children under
13. If you are under 13 years of age, then please do not use the
TimeCam.TV Website. There are lots of other great web sites for you.
Talk to your parents about what sites are appropriate for you.
13.
Assignment
These
Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by
TimeCam.TV without restriction.
14.
General
You
agree that: (i) the TimeCam.TV Website shall be deemed solely based
in Utah; and (ii) the TimeCam.TV Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
TimeCam.TV, either specific or general, in jurisdictions other than
California. These Terms of Service shall be governed by the internal
substantive laws of the State of Utah, without respect to its
conflict of laws principles. Any claim or dispute between you and
TimeCam.TV that arises in whole or in part from the TimeCam.TV
Website shall be decided exclusively by a court of competent
jurisdiction located in Salt Lake City, UTAH. These Terms of
Service and any other legal notices published by TimeCam.TV on the Website,
shall constitute the entire agreement between you and TimeCam.TV
concerning the TimeCam.TV Website. If any provision of these Terms of
Service is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term
or any other term, and TimeCam.TV's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver
of such right or provision. TimeCam.TV reserves the right to amend
these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your
use of the TimeCam.TV Website following any amendment of these Terms
of Service will signify your assent to and acceptance of its revised
terms. YOU AND TIMECAM.TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE TIMECAM.TV WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.