IMPORTANT. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN NET-PROMOTION, SA D/B/A CamVoice ("CamVoice") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF CAMVOICE's WEBSITE (including without limitation all pages, rooms and other areas on the website), DOCUMENTATION AND ASSOCIATED MATERIALS (hereinafter collectively "Web and Mobile Applications"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION, BY USING THE MOBILE APPLICATIONOR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE MOBILE APPLICATION AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
LICENSE GRANT. CamVoice grants to you a non-exclusive, non-transferable license to use this copy of the Mobile Application solely for your personal use on any mobile telephone. For purposes of this Agreement, the Mobile Application is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk or other storage device) of such mobile telephone.
OWNERSHIP. The Web and Mobile Applications are proprietary to CamVoice and protected by Switzerland copyright and other laws, as well as international treaty provisions and you must treat the Mobile Application as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Web and Mobile Application or create derivative works using or based on the Web and Mobile Application, nor may you distribute, loan, rent, or lease, timeshare or use the Mobile Application to provide services for third parties, sublicense or transmit all or any portion of the Mobile Application, nor may you allow others to do so. CamVoice reserves all rights not expressly granted herein. CamVoice owns all right title and interest in and to the Mobile Application and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect CamVoice's ownership or proprietary rights therein or any other CamVoice information or materials, tangible or intangible, in any form and in any medium.
TRADEMARKS. This Website contains the CamVoice marks and other valuable trade and service marks owned by CamVoice. These marks and related proprietary property are protected from copying and simulation under national and international laws and may not be reproduced, copied, displayed or otherwise used without the express prior written permission of CamVoice. Other trademarks not owned by CamVoice and referenced on this Web site are the property of their respective owners.
ACCOUNT INFORMATION. TO DOWNLOAD AND INSTALL THE SOFTWARE, AND TO ACCESS AND/OR USE CERTAIN SECTIONS OF THE CAMVOICE WEBSITE THAT CONTAIN ADULT OR MATURE CONTENT, YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. YOU REPRESENT WITH RESPECT TO THE FOREGOING THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. NO ONE UNDER THE AGE OF THIRTEEN (13) IS PERMITTED TO USE the SOFTWARE. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE the WEBSITE AND MOBILE APPLICATION WITHOUT ADULT SUPERVISION. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INLCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE. ANY USER FOUND TO BE UNDER THE AGE OF THIRTEEN (13) OR PERMITTING USE OF the WEWBSITE AND MOBILE APPLICATION BY A PERSON UNDER THE AGE OF THIRTEEN (13), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY ALSO BE TAKEN. IF A CHILD UNDER THIRTEEN (13) HAS ACCESS TO YOUR COMPUTER OR MOBILE PHONE, DO NOT SAVE YOUR CAMVOICE PASSWORD; THIS WILL RESTRICT THE CHILD AND ANY UNAUTHORIZED USER FROM USING YOUR ACCOUNT. IN ADDITION, WE STRONGLY RECOMMEND THAT YOU CHECK REGULARLY TO SEE IF ANY NEW, UNAUTHORIZED ACCOUNTS HAVE BEEN CREATED UNDER YOUR CAMVOICE ACCOUNT. TO DELETE ANY UNAUTHORIZED ACCOUNTS, PLEASE CLICK ON THE USERNAME DROPDOWN LIST AT THE CAMVOICE LOGON WINDOW. When you register for the SOFTWARE. You will choose a username and a nickname, and an account (CamVoice User Identification ("UID")) will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, or which CamVoice deems in its sole discretion to be profane, offensive or in any other way unacceptable. CamVoice reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may allow another person, including a minor (13 - 18 years of age), to use your Account and nickname subject to your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the Mobile Application, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration forms (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete and (c) notify CamVoice of any unauthorized use of your account, password or other breach of security.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. WE PROVIDE THE SERVICE AND MOBILE APPLICATION ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING CONTENT OR ACCESS TO THE SERVICE OR SOFTWARE, REGARDING TITLE OR NON INFRINGEMENT, OR REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, MOBILE APPLICATIONOR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE IN CONNECTION THEREWITH WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE OR SOFTWARE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE CAMVOICE PARTIES (as defined herein) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, MOBILE APPLICATION OR CONTENT THEREOF WHETHER ARISING AT LAW OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, images, video, messages and/or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that CamVoice is not responsible in any manner for such Content. CamVoice does not administer commercial rooms on its website or other rooms and is not responsible for the content of commercial or other rooms, unless specifically indicated. Inclusion of a chat room, User Submission (as defined below) or other Content on the CamVoice home page, a landing page, or any other page does not constitute an endorsement by CamVoice or indicate that the Content has been reviewed or approved by CamVoice, and CamVoice expressly disclaims responsibility for same. CamVoice expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on CamVoice, you do so at your own risk.
If another CamVoice user attempts to send or sends you a video, photograph, sketch, drawing, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, the Image sent by the user may be inappropriate for the rating of the CamVoice room you are in. Accordingly, you should use your judgment before agreeing to accept an Image. You hereby agree that your acceptance of such Images is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against the CamVoice Parties (hereinafter defined) arising out of, or relating to your acceptance of Images.
In addition, you should be aware that if you elect to publish, distribute, disseminate, display, post or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. In addition, all Images, Chats, and other Content may be posted at various times on the CamVoice homepage, landing pages and/or other pages and you consent to same.
You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against the CamVoice Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Occasionally, with your permission, CamVoice will feature your Images in various places throughout CamVoice, such as the CamVoice homepage, or other locations. If you wish to have your primary Image considered for display in these areas or others, simply access the privacy section of your CamVoice profile and modify the appropriate setting.
NO SOLICITATION; NO DENIGRATION. As a condition of your use of the Web and Mobile Applications, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, or any other person that is employed by, consults for, volunteers for, represents or assists CamVoice (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with CamVoice, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about CamVoice or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of CamVoice or any Representative, or otherwise tarnish or dilute any of CamVoice's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of CamVoice to cease using, and/or any potential customer or client of CamVoice not to use any CamVoice products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with CamVoice's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
ROOM RATINGS. Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "All-Ages Rated Room," no foul language is permitted, nor are Images involving adult themes (nudity or violence, for example). In an "18+ Rated Room," you should expect offensive language and content and you must be at least eighteen (18) years old to participate in such a room. CamVoice is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room.
HOSTING A CHAT ROOM. In accordance with these Terms of Service, you have the ability to create your own room on CamVoice. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior. By "RIGHT CLICKING" on the name of the person that is not behaving appropriately, you will see a menu of choices, including: (a) removing that person's ability to speak ("Block Mic"), (b) removing that person from your room ("Kick"), and (c) banning that person from re-joining your room ("Ban"). In addition, you can add the user to your Blocklist, RIGHT CLICK on the user's name and click on "Ignore User," which will prevent the user from contacting you (except if you are in a group with that user). When creating your own room, more information will be available to you. You understand and agree that any room you host and Content thereon may be displayed in whole or in part on any page of the CamVoice site including, at CamVoice's sole discretion, the homepage.
LAW ENFORCEMENT. CamVoice will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, CamVoice has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by CamVoice would include all steps that CamVoice deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
CamVoice will disclose personally-identifiable information to the extent necessary in its sole discretion if it has a good faith belief that (i) access to or use, preservation or disclosure of, such information is reasonably necessary to satisfy any applicable law, regulation or legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce these Terms of Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the CamVoice services, or (iv) such action is appropriate to protect CamVoice's rights, property or safety or the rights, property or safety of the CamVoice Parties, and/or CamVoice's subscribers, users, or others.
TERMINATION OF ACCOUNT. To maintain or improve the Services, to prevent fraud, or for any other reason determined by us, at our sole discretion, we may restrict, suspend, terminate or modify your Services with or without notice. Further, in the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur: you may be issued a warning; your access to online chat groups may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you. Upon termination in accordance with the foregoing, we may immediately deactivate or delete your account and all related information and files in your account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or Services. Further, if your account is terminated or suspended, and if you have paid to subscribe to any of the CamVoice services, your subscription fee will not be refunded (either in whole or in part). We shall not be liable to you or any third party for any reason for terminating this Agreement or access to Services and/or for modifying this Agreement and/or the Services.
LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAMVOICE OR ITS AFFILIATES OR THEIR RESPECTIVE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS OR REPRESENTATIVES (COLLECTIVELY and individually the "CamVoice Parties") BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF CamVoice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD the CamVoice PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT AND/OR OTHER COSTS, IN ANY WAY ARISING DIRECTLY OR INDIRECTLY FROM OR RELATING TO YOUR USE OF THE WEB AND MOBILE APPLICATION AND/OR SERVICES AND/OR YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT AND/OR REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, AND/OR YOUR COMMUNICATION, DISTRIBUTION OR DISPLAY OF ANY CONTENT ON OR THROUGH THE SERVICES.
Injunctive Relief. You acknowledge and agree that any breach of this Agreement may result in irreparable damage or injury to CamVoice for which CamVoice will not have an adequate remedy at law. Accordingly, in addition to any other remedies and damages available to CamVoice, you acknowledge and agree that in the event that CamVoice reasonably determines that you have breached this Agreement and that such breach is causing or may cause it irreparable damage, CamVoice shall be entitled to immediate and permanent injunctive relief, without any requirement to post a bond or other security, and you agree that you shall not contest CamVoice's right to such relief.
Entire Agreement. This Agreement and the terms hereof contain the entire agreement between you and CamVoice regarding your use of this website, and supersede and cancel any and all other written or oral agreements or understandings previously existing between you and CamVoice concerning such use.
GOVERNING LAW; AMENDMENTS. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of Switzerland Canton of Neuchatel and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of courts located in the Canton of Neuchatel in Switzerland. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of CamVoice. CamVoice reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the Web and Mobile Applications.
CONSOLIDATION; CREDITORS RIGHTS. In the event of a merger, sale of assets or other corporate transaction involving CamVoice or in the event of a bankruptcy, insolvency or other action involving creditors of CamVoice or under other similar or related circumstances, CamVoice reserves the right to disclose and/or sell information about you and your Account. In the event CamVoice ceases its operations for a period of thirty (30) or more continuous days, you may file a claim for a refund of a prorated portion of your subscription premium, provided however, that you must file any claim within sixty (60) days of the first day on which CamVoice's service was first terminated (the "Claim Period"). In the event you fail to submit a claim with the Claim Period, you will not be entitled to a refund.