INTRODUCTION
WebcamMax ("WebcamMax") makes this website (the "Site"), including
all information, documents, text, directories, data, icons,
communications, files, photos, video, graphics, music, sound,
software, and services available through the Site (collectively, the
"Content") available for your use subject to the terms and
conditions set forth in this document and any changes to this
document that WebcamMax may publish from time to time (collectively,
the "Terms of Use").
ACCEPTANCE OF TERMS THROUGH USE
By accessing or using this Site in any way, including,
without limitation, using or downloading any Content, or merely
browsing the Site, you agree to and are bound by the Terms of Use.
If you do not agree to these Terms of Use please do not use this
Site. If you breach any of the Terms of Use, your authorization to
use this Site automatically terminates, and any Content downloaded
or printed from the Site in violation of the Terms of Use must be
immediately destroyed. We reserve the right, at our discretion, to
update or revise these Terms of Use. Please check the Terms of Use
periodically for changes. Your continued use of this Site following
the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
PROPRIETARY RIGHTS
You acknowledge and agree that all Content available on this
Site is protected by copyright, trademark, patent, trade secret, and
other proprietary rights and laws. For example, WebcamMax owns a
copyright in the selection, organization, arrangement and
enhancement of the Content, as well as in the Content original to
itself. Third parties whose Content appears on the Site own the
copyright in the Content original to them. The look and feel of the
Site, including our color combinations, button shapes, and other
graphical elements, also are WebcamMax trademarks.
USE OF
THIS WEBSITE
This Site and its Content are provided for
your personal informational and entertainment use only and may only
be used for lawful purposes. By using this Site, you agree not to
reproduce, republish, display, frame, download, transmit, modify,
rent, loan, sell, assign, distribute, reverse engineer, adapt, edit,
or create derivative works based on the Site or its Content, except
as expressly authorized herein. You also agree that you will not
store, reproduce, transmit, publicly display, publicly perform,
distribute, publish, broadcast or otherwise make available the
Content, including without limitation the radio, TV, or other audio
visual content directory listings available on and through this Site
(collectively, the "Directory"), or any portion of the Directory,
whether electronically or in any other form, and whether for
commercial purposes or any purpose other than your own personal use,
unless approved in writing by WebcamMax. Any portion of the Directory
which is downloaded or otherwise reproduced from this website may be
retained only for a temporary period of time. Systematic retrieval
of data or other content from the Directory or other use of such
data and other Content, directly or indirectly, to create or compile
a collection, database or directory without written permission from
WebcamMax is prohibited and you agree not to use any data mining,
robots, or similar data gathering and extraction methods in
connection with the Site.
You may not post on or transmit
through any community, upload or download areas of the Site any
Content that (i) violates or infringes in any way upon the rights of
others, including without limitation copyrights and trademarks, (ii)
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, indecent or otherwise
objectionable, (iii) encourages conduct that would constitute a
criminal offense, (iv) gives rise to civil liability or (v)
otherwise violates any law. You are responsible for determining
whether posting or transmitting any particular Content violates any
of the provisions above or any laws. You shall be solely liable for
any damages resulting from any infringement of copyright, trademark
or other proprietary right, or any other harm resulting from any
Content you upload, post or submit. You also may not undertake any
conduct that, in the judgment of WebcamMax, restricts or inhibits any
other user from using or enjoying the Site, including without
limitation, the community areas.
You may not harvest or
collect information, including email addresses, user names, or other
contact information about Site users, for the purpose of sending
unsolicited bulk e-mail or instant messages.
Some of the
features of this Site, such as forums, require registration. You
agree to provide only accurate, complete and updated registration
information, and you agree to keep such information current. You may
not select and use a user name that impersonates another person or
entity, belongs to another person, violates the intellectual
property rights of any person or entity, or that WebcamMax considers to
be offensive.
The use of some of the features and all of the
software available on this Site is governed by separate terms of use
and/or licenses. You are not authorized to use such features or
software unless you agree to abide by the applicable terms/license.
As a WebcamMax customer your agree to receive the information
about updates and new products from WebcamMax company.
By
downloading or purchasing any software from this website, WebcamMax
reserves the right to request information from you.
If you
do NOT wish to be contacted by WebcamMax after the trial download, then
you can opt-out of any subsequent communications on the trial
download page. In this case WebcamMax will keep your information on
record but will not contact you unless you have another interaction
with us where you change your communication preference.
If
you do wish to be contacted by WebcamMax after the trial download or
purchase, then WebcamMax will send you emails relating to upgrade
information about that product, and any other information that is
relevant to that product. If at any time you wish to unsubscribe
from these communications, please follow the unsubscribe information
contained in the emails, or email support@webcammx.com with your
request to be removed from our mailing list.
MONITORING
WebcamMax has the right, but not the
obligation, to monitor the Content of the Site, including without
limitation the download areas, to determine compliance with the
Terms of Use and any other operating rules that may be established
by WebcamMax from time to time. WebcamMax has the right in its sole
discretion to edit, refuse to post or remove any Content submitted
to or posted on the Site. Without limiting the foregoing, WebcamMax has
the right, but not the obligation, to remove any Content that it, in
its sole discretion, finds to be in violation of the provisions of
these Terms of Use, otherwise objectionable, or stale. Users shall
remain solely responsible for the Content they post or submit. You
acknowledge and agree that WebcamMax shall not assume or have any
liability for any action or inaction with respect to any conduct
within the community areas or any communication or posting in the
community areas.
THIRD PARTY SITES, SOFTWARE, AND
CONTENT
This site may produce automated search results,
directory links, or otherwise link you to other locations available
through the Internet. These locations may contain or broadcast
information or material that some people may find inappropriate,
offensive or otherwise objectionable. These other locations are not
under the control of WebcamMax, and you acknowledge that WebcamMax is not
responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of or broadcasts from
such locations. This Site also may make third party software or
other materials available for download. WebcamMax does not create,
endorse, or sponsor such third party materials, and if you download
any such third-party materials that we index or support, you do so
completely at your own risk. If you plan to download any software or
other materials, please be sure to read the copyright and licensing
information first.
PRIVACY
The WebcamMax.com Privacy
Policy explains how your information is collected and used and
the choices you have with that information. You consent to WebcamMax
using your registration information and other information collected
on this Site under the terms of the WebcamMax.com Privacy
Policy.
DISCLAIMER OF WARRANTIES
THE SITE
AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WEBCAMMAX, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE
TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR
REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED
WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF
SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN
RISK.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES SHALL WEBCAMMAX, AFFILIATES, DIRECTORS, EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE
"WEBCAMMAX GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WEBCAMMAX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE WEBCAMMAX GROUP'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE WEBCAMMAX GROUP BE HELD
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR
DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION
WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES
AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.
INDEMNIFICATION
Upon a request by WebcamMax, you
agree to defend, indemnify, and hold harmless WebcamMax and its parent
and other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your misuse of this Site
in a manner not in strict conformance with these Terms of Use.
WebcamMax reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
WebcamMax in asserting any available defenses.
INTERNATIONAL
USE
WebcamMax makes no representation that Content on this
Site is appropriate or available for use in locations outside the
United States, and accessing it from territories where the Content
is illegal is prohibited. Those who choose to access this Site from
other locations do so on their own initiative and are responsible
for compliance with local laws.
SEVERABILITY AND
INTEGRATION
Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and WebcamMax
with respect to this Site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written,
or electronic) between you and WebcamMax with respect to this Site. If
any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain
in full force and effect.
TERMINATION
WebcamMax
reserves the right, in its sole discretion, to terminate your access
to all or part of this Site, with or without notice.
CONTACTS
For help with the WebcamMax software,
go to http://www.webcammax.com/support.html To request permission to use WebcamMax owned materials on this Site,
send email to: support@webcammax.com
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