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Notices:
- Users can record their video conversations (record the audio and video streams of themselves and their partners). Likewise, users may be recorded in videos unless they select "Flag" button, adjacent the "record" or "upload" buttons. "Flagging" a stream will block the user's stream from being included in a video being recorded by them or by their chat partners.
- Users can capture photo snapshots of themselves and post to profile pages by checking-in to spaces or by chatting with other users in a space.
- User has the option to specify a location, which could include their approximate location, and display the image of this location via Google StreetView in the background of the user's own profile page. This profile page is visible by the profile owner and by other users. The profile owner can turn this feature on/off in Account > Settings > Design page.
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Your Acceptance
- By using or visiting the Oncam website or any Oncam products, software, data feeds, and services provided to you on, from, or through the Oncam
website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms"), (2) Oncam's privacy notice, found at http://www.oncam.com/privacy.html and incorporated herein by reference. If you do not agree to any of these terms, contained within the Oncam privacy notice please do not use the Service.
- Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at http://www.Oncam.com/terms.html. Oncam may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
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Service
- These Terms apply to all users of the Service, users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Oncam, including but not limited to all products, software and services offered via the Oncam website, such as Oncam subdomains.
- The Service may contain links to third party websites that are not owned or controlled by Oncam. Oncam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Oncam will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Oncam from any and all liability arising from your use of any third-party website.
- Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
- The Services that Oncam provides are always evolving and the form and nature of the Services that Oncam provides may change from time to time without prior notice to you. In addition, Oncam may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Oncam on the Services are subject to change. In consideration for Oncam granting you access to and use of the Services, you agree that Oncam and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- Any information that you provide to Oncam is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Oncam . As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Oncam account, which you may not be able to opt-out from receiving.
- Oncam has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind.
- Such additional uses by Oncam , or other companies, organizations or individuals who partner with Oncam, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
- We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
- You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. Oncam will not be responsible or liable for any use of your Content by Oncam in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. Oncam will not be responsible or liable for any use of your Content by Oncam in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- Oncam gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Oncam as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Oncam , in the manner permitted by these Terms.
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Oncam Accounts
- In order to access some features of the Service, you will have to create a Oncam 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 Oncam immediately of any breach of security or unauthorized use of your account.
- Although Oncam will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Oncam or others due to such unauthorized use.
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General Use of the Service-Permissions and Restrictions
Oncam hereby grants you permission to access and use the Service as set forth in these Terms, provided that:
- You agree not to distribute in any medium any part of the Service or the content without Oncam's prior written authorization, unless Oncam makes available the means for such distribution.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the profile pages, photo streams, and video playback pages of the Service or other explicitly authorized means Oncam
may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain Oncam's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Oncam appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- maintaining an original channel on Oncam, to promote your business or artistic enterprise;
- showing videos through the Recording Feature on an ad-enabled blog or website; or
- any use that Oncam expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Oncam 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, Oncam 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. Oncam 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- Oncam reserves the right to discontinue any aspect of the Service at any time.
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Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Oncam, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by Oncam on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Oncam or the respective licensors of the Content. Oncam and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Oncam is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Oncam with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Oncam, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
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Your Content and Conduct
- You understand that Oncam does not guarantee any confidentiality with respect to any Content you submit.
- This license is you authorizing us to make your video chats available to facebook and youtube per your selection. What’s yours is yours – you own your content.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service, in which “publishing” is defined as recording or being recorded in a video. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Oncam all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Oncam, you hereby grant Oncam a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Oncam's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Oncam may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Oncam all of the license rights granted herein.
- Oncam does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Oncam expressly disclaims any and all liability in connection with Content. Oncam does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Oncam will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Oncam reserves the right to remove Content without prior notice.
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Account Termination Policy
- Oncam will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Oncam reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Oncam may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms.
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Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").
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Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONCAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ONCAM 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND URRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ONCAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONCAM 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.
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Limitation of Liability
IN NO EVENT SHALL ONCAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, IDENTAL, 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 SERVICES, (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 SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND URRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, 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 Oncam SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by Oncam from its facilities in the United States of America. Oncam makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Oncam, 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 Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
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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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
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Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oncam without restriction.
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General
You agree that: (i) the Service shall be deemed solely based in Arizona; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Oncam, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws. Any claim or dispute between you and Oncam that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Maricopa County, Arizona. These Terms, together with the Privacy Notice at http://www.oncam.com/privacy.html and any other legal notices published by Oncam on the Service, shall constitute the entire agreement between you and Oncam concerning the Service. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Oncam's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Oncam reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND ONCAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.