CAMFROG SOFTWARE LICENSE AND AGREEMENT AND CAMFROG USERS TERMS OF SERVICE
THIS SOFTWARE LICENSE AND AGREEMENT AND THE CAMFROG USERS TERMS OF SERVICE EXPLAIN HOW YOU MAY USE THE CAMFROG SOFTWARE AND SITE RELATED SERVICES INSTALLED BY THIS INSTALLER PROGRAM. BY CLICKING ON THE "I ACCEPT" BUTTON IN THIS INSTALLER PROGRAM, YOU GIVE YOUR PERMISSION AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS LISTED BELOW, AND YOU WILL THEN BE ALLOWED TO USE THE CAMFROG SOFTWARE AND SITE RELATED SERVICES. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, CAMSHARE INC., WHICH OWNS THE CAMFROG SOFTWARE AND SITE RELATED SERVICES, DOES NOT GRANT YOU PERMISSION TO USE THIS SOFTWARE OR ANY CAMFROG SITE RELATED SERVICES.
SOME CAMFROG SITE RELATED SERVICES MAY NOT BE SUITABLE FOR USERS UNDER EIGHTEEN (18) YEARS OF AGE. THESE SPECIFIC SITE RELATED SERVICES ARE NOT AVAILABLE TO USERS UNDER EIGHTEEN (18) YEARS OF AGE. HOWEVER, YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER TO DOWNLOAD THIS CAMFROG SOFTWARE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE YOU MUST CLICK ON THE CANCEL BUTTON NOW.
AFTER READING THE TERMS AND CONDITIONS LISTED BELOW, CLICK ON THE CANCEL BUTTON IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND ACCEPT THEM AS LEGALLY BINDING.
PART I: SOFTWARE LICENSE AND AGREEMENT
In consideration for your use of the Camfrog software and any updates, customizations and/or enhancements (the "Licensed Software"), and website(s) ("site related service(s)") provided by Camshare Inc. ("Licensor"), you ("Licensee") agree to the following terms and conditions.
- None. This software is provided "as-is", without any express or implied warranty.
- License Agreement.
BY ACCEPTING THE TERMS OF THIS LICENSE AND AGREEMENT LICENSEE AGREES, WARRANTS AND REPRESENTS THAT LICENSEE IS EIGHTEEN (18) YEARS OF AGE OR OLDER.
NO ONE UNDER THIRTEEN (13) YEARS OF AGE IS PERMITTED TO USE THE LICENSED SOFTWARE OR ANY SITE RELATED SERVICE. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE THE LICENSED SOFTWARE OR ANY SITE RELATED SERVICE WITHOUT ADULT SUPERVISION. LICENSEE ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THE LICENSED SOFTWARE AND/OR ANY SITE RELATED SERVICE BY ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO USE BY ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE.
ANY LICENSEE FOUND TO BE UNDER EIGHTEEN (18) YEARS OF AGE, OR PERMITTING USE OF THE LICENSED SOFTWARE AND/OR ANY SITE RELATED SERVICE BY A PERSON UNDER THIRTEEN (13) YEARS OF AGE, OR PERMITTING THE USE OF THE LICENSED SOFTWARE AND/OR ANY SITE RELATED SERVICE BY A PERSON BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) WITHOUT ADULT SUPERVISION, MAY HAVE HIS OR HER LICENSE GRANTED HEREIN AND ACCESS TO ANY OR ALL SITE RELATED SERVICES SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE. IN THAT EVENT, LICENSOR MAY TAKE OTHER ACTIONS, INCLUDING BUT NOT LIMITED TO NOTIFICATION OF THE PROPER AUTHORITIES. LICENSEE AGREES THAT SUCH ACTIONS SHALL NOT RESULT IN ANY LIABILITY TO LICENSOR.
- Licensee understands that the Camfrog software is owned by the Licensor. Third party software which may be bundled with this software (included in Licensed Software) and which does not require acceptance by Licensee of a separate End User License Agreement or Terms of Service applicable to that software prior to download or installation, is licensed by Licensor with the right sublicense to Licensee under this Agreement. Any of Licensor’s licensors may have the right to enforce the provisions of this license agreement relating to the software and other property licensed to Licensor. All rights not granted herein to Licensee are automatically retained by the Licensor.
- Licensee is herein granted a non-exclusive, non-transferable license that allows Licensee to install and use the Licensed Software on one personal computer. This license is in effect until one of the parties terminates the license. Licensee may terminate the license by no longer using the Licensed Software or site related services. Licensor may terminate the license at any time for any reason. Licensor may change the terms of this license and agreement at any time. This license and/or agreement may also be terminated if Licensee violates any provision of the license and/or agreement or accompanying Camfrog Users Terms of Service. Upon such termination, Licensee shall immediately stop using the Licensed Software and either destroy all copies thereof or return them to Licensor.
- Licensee acknowledges the Licensed Software and its structure, organization, and source code constitute valuable trade secrets of Licensor. Accordingly, Licensee agrees not to (i) copy, perform, distribute, modify, adapt, alter, translate, or create derivative works (as defined by the U.S. Copyright Act) from the Licensed Software; (ii) merge the Licensed Software with other software; (iii) sell, assign, sublicense, lease, rent, or loan the Licensed Software to any third party; (iv) port, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Licensed Software; or (v) otherwise use the Licensed Software except as expressly allowed in this license and agreement. Licensee may not seek intellectual property protection for the Licensed Software or any site related services.
- LICENSEE SHALL NOT USE THE LICENSED SOFTWARE IN ANY WAY THAT VIOLATES ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, OR THE LAWS OF ANY NATION, INCLUDING BUT NOT LIMITED TO THE POSTING OF INFORMATION THAT MAY VIOLATE THIRD PARTY RIGHTS, THAT MAY DEFAME A THIRD PARTY, THAT MAY BE OBSCENE OR PORNOGRAPHIC, THAT MAY HARASS OR ASSAULT OTHERS, OR THAT MAY VIOLATE HACKING OR OTHER COMPUTER CRIME REGULATIONS. Licensor does not monitor or edit any transmissions, postings, routings or other materials which Licensee may send, post, route, transmit or otherwise move through or with the Licensed Software. Licensee may not use the Licensed Software or site related services in any manner that is unlawful, or in any way which is not in complete conformance with this license and agreement and the accompanying Camfrog Users Terms of Service.
- Licensee must not use the Licensed Software in any serious or critical situation where lives or property may be at stake. Licensee understands the Licensed Software is not made for such purposes and neither Licensor nor the software authors will be liable for any damages that might result from such misuse. The Licensed Software should also not be used while engaging in any dangerous activity such as driving or operating heavy machinery. Licensee understands that using the Licensed Software while doing a hazardous activity could cause serious injury or death. Licensor is not responsible for any such resulting damages.
- The Licensed Software may not be shipped or exported into any U.S. embargoed country. Licensee shall comply with all applicable export and import control laws and regulations in its use of the Licensed Software and, in particular, Licensee shall not export or re-export the Licensed Software without all required United States and foreign government licenses. Licensee understands that access and use of the Licensed Software from outside the United States may constitute export of technology and technical data which may implicate export regulations and/or require an export license.
- Licensee may not generate income from the Licensed Software in any manner whatsoever. If Licensee violates this absolute prohibition, Licensor may revoke this license and Licensor will not be responsible for any resulting damages. Additionally, Licensor may sue to recover income, or any portion thereof, generated by Licensee from the Licensed Software.
- This license is nontransferable. Licensee may not transfer the license to any third party.
- Licensee acknowledges and understands that all title and intellectual property rights ("IP rights") in and to any third party content that is not contained in the Licensed Software, but may be accessed, transmitted or perceived through use of the Licensed Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Licensee may not make available, stream, or share any copyrighted material to which the Licensee does not hold the copyright without the express written permission of the copyright owner. For example, Licensee may not connect the Camfrog audio feed to a sound card to stream copyrighted material such as a commercial radio broadcast or copyrighted MP3 or other digitally formatted copyrighted content. The burden to determine if any such material is subject to a copyright or other IP rights rests solely with the Licensee. Licensee hereby agrees not to hold Licensor liable and covenants to indemnify and hold harmless Licensor, its affiliates, any entity that owns a software plugin that is bundled with the Licensed Software, and Licensor’s assigns and successors, for any and all damages, monetary relief, injunctive or other equitable relief, liabilities, causes of action, judgments, or claims which may arise in connection with Licensee’s use of, reliance on, or derivatives works made from the Licensed Software which violate any third party IP rights. Licensee may be personally liable for damages and may owe money to the copyright owner for Licensee’s infringement of third party copyrights or other rights.
- Licensee acknowledges and understands that Licensor is a Service Provider and is not liable under the safe harbor protections under the Digital Millennium Copyright Act for any violation or infringement of third party copyright or other rights by Licensee.
- Licensee may not defame, slander, harass, use a false identity, or violate the rights of any third party when using the Licensed Software and/or any site related services.
- In the event of a merger, sale of assets or other corporate transaction involving Licensor, or in the event of a bankruptcy, insolvency or other action involving creditors of Licensor, or under other similar or related circumstances, Licensor reserves the right to disclose and/or sell information about Licensee and licensee’s account to any successor to licensor’s business.
- Notwithstanding any other provision of this license and/or agreement, Licensee shall not permit any user of the Licensed Software to take any action which, if taken by the Licensee, would be considered a breach of any term of this license and/or agreement and/or the Camfrog Users Terms of Service.
- The Licensed Software enables Licensee to host a live video chat room. Such hosts are referred to as operators. Any room hosted by an operator may at any given time have in it a volunteer moderator. The operator of any given room has the ability to add or remove moderators. All operators and moderators are volunteers and are not employees of Licensor. Licensor acknowledges and agrees that Licensor is not responsible or liable for the conduct of operators and moderators.
- Camshare Inc. Ownership and Liability.
- The Licensed Software is owned by Camshare Inc. Licensee agrees that any legal action against the software authors, Camshare Inc., its owners, officers, directors, employees, contractors, agents or attorneys must be taken in Travis County, Texas, United States of America, and Licensee herein consents to venue in Travis County Texas. By accepting this license and agreement, Licensee also consents to personal jurisdiction in any State or Federal court located in Travis County, Texas, United States of America, and waives any objection thereto, including but not limited to the defense of forum non conveniens.
- Relationship and Ownership of Licensor and Licensee.
- The Licensed Software is protected by trademarks, service marks, international treaties, copyright, and other proprietary laws of the U.S. and other countries. Licensor retains exclusive ownership of all worldwide copyrights, trade marks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial and intellectual property rights in the Licensed Software and documentation, including any derivative works, modifications, updates, or enhancements. All rights in and to the Licensed Software not expressly granted to Licensee under this license are expressly reserved by Licensor. Nothing in this license and/or agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor’s other existing or future copyrights, patents, trademarks, service marks or other intellectual property.
- Licensee agrees to follow all proprietary laws that apply to licensee’s use of the Licensed Software and any site related services. This license gives Licensee no rights, titles or any interests in any intellectual property owned by the Licensor, other than as granted herein, and this license creates no relationship between the Licensor and Licensee other than that of Licensor and Licensee. Licensee is not allowed to use the Licensed Software and/or any site related services without the licensor’s prior approval.
- The Licensed Software may use certain software developed by third parties. This third party software allows the Licensed Software to accomplish certain functions. Some of the third party software, such as facial recognition technology, or Licensed Software functions such as parental control features, may be intended to protect the Licensee from exposure to inappropriate content with the use of the Licensed Software. Such protective third party software and control functions are provided as a courtesy and in good faith by Licensor. The ability of protective software to achieve its protective purpose cannot be guaranteed. Licensee agrees not to hold Licensor liable and not to bring suit against Licensor for any cause of action arising from the performance of any such protective or any other third party or bundled software. All rights held in this third party software are reserved by the owners of the third party software and the owners of the third party software may enforce such rights against Licensee directly in the owners’ own names.
- Licensee agrees not to exploit, decompile, reverse engineer, or disassemble the Licensed Software or any of its components. This license may be immediately terminated without notice if Licensee violates these restrictions.
- The Licensed Software’s site related services may change from free services to pay services at any time and the Licensor may change its pricing structure at any time and in any way. The Licensor may discontinue its site related services at any time for any reason. The Licensor may charge for any Licensed Software and/or site related services support. The Licensor may limit software features or access to certain parts of the site related services with no warning or notice and with no liability. The Licensor may stop service either temporarily or finally any time for any reason with no warning or notice and with no liability.
- The Licensor may deactivate, and release to the public, any accounts that are inactive for six (6) months or more.
- Payments and Fees.
- Licensor has the right to charge any fees for access to the Licensed Software or any site related services. Licensee is responsible for maintaining all hardware and software needed to access the Licensed Software and site related services and Licensee is responsible for payment of any fees for those services now and in the future. Licensee agrees to pay for any services Licensee signs up for, through the Licensed Software or through any site related services, upon invoice and Licensee agrees not to act in any way that could reasonably be considered fraudulent with respect to making payment. Licensee shall pay all applicable taxes for which Licensee may be liable due to licensee’s location.
- LICENSEE MUST BE 18 OR OLDER TO BE A CAMFROG AFFILIATE. Camshare Inc. may change affiliate programs at any time and may terminate any affiliate program for any reason. Licensee may not use any Camfrog affiliate in any way that violates any local, state, federal or international law, or the laws of any nation, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, or that may violate hacking, spam, identity theft, fraud, abuse, denial of service or other computer crime laws. Using the Licensed Software, or any site related service to post links, other than as allowed as a Camfrog affiliate, is absolutely prohibited. This license may be immediately terminated without notice if Licensee violates these restrictions.
Limitation of Liability
Licensor shall not be liable to Licensee or any third party for any incidental, indirect, exemplary, special or consequential damages, under any circumstances, including, but not limited to, damages for lost profits, revenue or savings, loss of goodwill, or the loss of data or the use of any data or hardware, even if Licensor had been advised of, knew, or should have known, of the possibility thereof. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY LICENSEE UNDER THIS LICENSE AND AGREEMENT. Licensee acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this license and agreement and that Licensor would not enter into this license and/or agreement without these limitations on its liability. The software authors, the Licensor, and its officers, directors, employees, contractors, agents and attorneys are not, nor will they ever be liable to Licensee for any claim or claims of any kind caused by the use of the Licensed Software or any site related services. Licensor will not be liable to Licensee for any claims of any kind based on any legal theory of any kind. Licensor is not liable to Licensee for direct damages of any kind in connection with any third party software used with the Licensed Software, any information or data accessed through the Licensed Software or access to or inability to access the Licensed Software, servers or site related services. Any information supplied by other licensee, users or the site related servers could be delayed, inaccurate, in error, or contain omissions for which Licensor will not have any liability.
Disclaimer of Warranties by Licensor.
The Licensed Software and site related services are provided "as is" without any express or implied warranty whatsoever, including but not limited to any warranty of a particular functionality or warranty to be free from viruses, worms, spy-ware or the like. Licensee recognizes that the "as is" clause of this license and agreement is an important part of the basis of this license and agreement, without which Licensor would not have agreed to enter this license and/or agreement. Licensor herein disclaims all warranties, express, implied, or statutory, regarding the Licensed Software, bundled third party software, and any site related services, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, and non-infringement. No representation or other affirmation of fact regarding the Licensed Software shall be deemed a warranty for any purpose or give rise to any liability whatsoever. Licensee acknowledges that he or she has relied on no warranties or statements other than as may be set forth herein. In no event will Licensor or the Licensed Software authors be held liable for any damages arising from the use of this software, bundled third party software, or any site related services. If the Licensed Software and/or site related services and/or any data collected from the Licensed Software or site related services, and/or bundled third party software prove to be defective, Licensee assumes the risk of any and all costs of any repairs to Licensee’s computer systems and/or any injuries or problems of any kind. Licensee has been advised of the possibility of the Licensed Software and/or site related services causing damages or defects to Licensee’s computer system(s) and Licensee agrees that neither the Licensor nor the Licensed Software authors may be held accountable for any damages or defects in any way for any reason. Licensor has the right to change its software, services or features in any way and at any time and to delete any data from its servers at any time for any reason.
This license and agreement shall be governed and construed by the laws of the United States (as applied by Federal courts sitting in the State of Texas) and of the State of Texas, notwithstanding any rules concerning conflicts of laws. The United Nations Convention on the International Sale of Goods shall not apply to this license and/or agreement.
Licensee shall defend, indemnify and hold harmless Licensor, its officers, directors employees, contractors, agents, and attorneys from any and all claims or causes of action arising out of or in connection with licensee’s use of the Licensed Software and site related services, including but not limited to licensee’s breach of any term of this license and/or agreement and/or Licensee’s violation of any local, state, federal or international law, or the laws of any nation, and shall pay any and all damages and expenses (including but not limited to reasonable attorneys’ fees) incurred by Licensor and/or its officers, directors employees, contractors, agents, and attorneys. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Licensee, in which event Licensee shall cooperate with Licensor in asserting any available defenses.
If Licensor fails to exercise any of its rights under this license and/or agreement for any reason whatsoever, any such failure to exercise such right shall not constitute waiver.
If a State or Federal court of competent jurisdiction finds any part of this license and/or agreement unenforceable then the remainder of the license and/or agreement will continue intact and in full force and effect.
This license and agreement is effective unless terminated by Licensor. Licensee may terminate this license at any time by deleting the software from licensee’s computer system and all other storage media. This license automatically terminates if Licensee breaches any term of this license and/or agreement. In the event this license and/or agreement is terminated for any reason, all terms under the license and the agreement, except licensee’s right to use the Licensed Software, survive such termination.
Licensor may suspend or terminate this license immediately upon receipt of any notice which alleges that Licensee has used the Licensed Software and/or any site related services for any purpose that violates any local, state, federal or international law, or the laws of any nation, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, or that may violate hacking, spam, identity theft, fraud, abuse, denial of service or other computer related laws. In such event, Licensor may disclose licensee’s identity and contact information, if requested by a governmental or law enforcement body, or as a result of a subpoena or other legal action, and Licensor shall not be liable for any resulting damages to Licensee. Licensee shall not bring any action or claim against Licensor for such disclosure.
PART 2: CAMFROG USERS TERMS OF SERVICE
Camshare Inc. (Camfrog) offers an innovative Internet communications service which allows you to see, hear, and chat with people all over the world. We at Camfrog (also sometimes "we," "us" or "our") want to make sure this is a great place for users to have fun and interact using this new technology. With any communications system it's important that everyone abide by some basic rules to make sure the service continues to be a fun place for people to participate. These rules and regulations are the Camfrog Users Terms of Service.
Please remember that the information, photos, and content in this Camfrog Video Chat directory are provided by individuals and/or entities unrelated to Camfrog. Please use discretion and monitoring when appropriate. We do not monitor or supervise every use of this directory or service, and WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF OTHER PERSONS OR ENTITIES. Please be cautious when accepting messages, video calls, or sending messages, or making video calls to people you don't know. NOT EVERYONE IN THE DIRECTORY IS WHO HE OR SHE CLAIMS TO BE, AND NOT EVERYONE HAS THE INTENTIONS STATED IN THEIR CAMFROG PROFILES, OR VIDEO CHAT ROOMS. THEREFORE, YOU ARE USING CAMFROG VIDEO CHAT SOFTWARE AT YOUR OWN RISK. Please use good judgment when using the Camfrog Video Chat software and site related services and follow these Terms of Service rules.
Any users who we believe are breaking the Camfrog Users Terms of Service or license and/or agreement will have their accounts frozen or revoked with no notice from Camfrog. Camfrog reserves the right to cancel any account for any reason at any time. You may also have your account frozen or revoked if you know of a violation of the Camfrog Terms of Service and you fail to notify us of the violation or if you fail to send us an inappropriate content report as provided in the Terms. If your account is cancelled for violating the Camfrog Users Terms of Service, failing to report a violations by another user, or for violating the license and/or agreement you will not be given a refund or credit of any kind.
By using the Camfrog Video Chat software and/or site related services, you agree to be bound by the following terms and conditions:
Terms of Service Rules:
- You may not harm or exploit minors in any way. Use of the Camfrog software, Camfrog site related services, or third party software bundled with Camfrog to harm or exploit minors in any way is not allowed and in violation of the law. The Camfrog software is restricted to use by users eighteen (18) and older. The Camfrog site related services may not be used by any user under the age of thirteen (13). The Camfrog site related services may not be used by users between the ages of thirteen (13) and eighteen (18) without adult supervision.
- You may not use Camfrog or any software bundled with Camfrog, for illegal purposes. Camfrog software, Camfrog site related services, or third party software bundled with Camfrog may not be used for illegal purposes or to support illegal activities. Camfrog reserves the right to cooperate with legal authorities, and/or any injured third parties in the investigation of any criminal activity.
- Users who run Camfrog servers must enter valid email and other contact information in the room settings profile or their room may be closed by Camfrog in its sole discretion.
- Disputes with Camfrog users. How you choose to interact with other Camfrog users is your sole responsibility. Camfrog has no obligation to monitor or mediate disagreements between you and other Camfrog users.
- You may not make threats. Making threats against others or encouraging bodily harm or destruction of property is absolutely forbidden.
- Obscene, nude or offensive photos, videos, and profiles are absolutely forbidden. The photo you take with your webcam in your Camfrog settings and during the Camfrog setup will appear in our public webcam directory. Recording videos of others without their explicit permission and broadcasting any pre-recorded videos on Camfrog is forbidden. A pre-recorded video is a video that is not broadcast live from a webcam.
- Impersonating a Camfrog employee is absolutely forbidden. Camfrog employees will never ask you for your logon, password, or credit card. Room operators and moderators are volunteers and are not Camfrog employees - even in Camfrog hosted rooms.
- You may not use Camfrog web services, Camfrog software, or third party software bundled with Camfrog to spam others. Spam includes sending many identical unsolicited messages to others, or creating Camfrog profiles in order to send traffic to a specific website or affiliate program without Camfrog's express written permission.
- Copyright or trademark infringement is absolutely forbidden. You may not upload or transmit, whether through Camfrog or any third party software bundled with Camfrog, any content that infringes on any copyright, trademark, patent, or any proprietary rights of any party. To report trademark or copyright infringement please visit our contact page which can be found at http://www.camfrog.com under the link "contact".
- Accessing unauthorized Camfrog accounts and services is absolutely forbidden. You may not attempt to logon to accounts which are not yours.
- You may not use the Camfrog software, Camfrog site related services, or third party software bundled with Camfrog to collect or attempt to collect personal information about third parties without their knowledge and consent.
- You may not use the Camfrog software, Camfrog site related services, or third party software bundled with Camfrog to commit or attempt to commit fraud. You may not knowingly mislead others with the intent that the other party will act on it.
- In order to use the Camfrog service, Camfrog will grant you a User ID, Password and Account. You are solely responsible for maintaining the confidentiality of your User ID and Password. You may not share your logon and password with others so they can access your account. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission. If a child under thirteen (13) years of age has access to your computer, do not save your Camfrog password on your computer. Not saving your password will help to restrict children and any other 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 Camfrog account.
- You may not act in a way that impedes others from communicating through video chat rooms, our Camfrog directories, or with the Camfrog software.
- You may not interfere with or disrupt the Camfrog servers or services in any manner whatsoever. Doing so may be a violation of Federal law.
- Although Camfrog has taken measures to protect against unwanted exposure to inappropriate content, and such measures may include the provision of parental controls and third party video filtering technology, the effectiveness of such measures cannot be guaranteed. ACCORDINGLY, YOU ACKNOWLEDGE THAT CAMFROG DOES NOT PRESCREEN USER PROFILES OR VIDEO CHAT ROOMS AND CAMSHARE INC. HAS NO CONTROL OVER USER PROFILE OR VIDEO CHAT ROOM CONTENT OR AVAILABILITY. VIEWING CAMFROG PROFILES AND ENTERING VIDEO CHAT ROOMS IS DONE AT YOUR OWN RISK. SOME CAMFROG SITE RELATED SERVICES AND/OR VIDEO CHAT ROOMS ARE NOT SUITABLE FOR USERS UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE. CAMFROG HAS TAKEN EVERY REASONABLE STEP TO INSURE THAT SUCH AREAS ARE NOT AVAILABLE TO USERS UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE AND SOMEHOW DO ACCESS A SITE RELATED SERVICE OR VIDEO CHATROOM MARKED "18+" YOU MUST EXIT SUCH SERVICE OR CHATROOM IMMEDIATELY, AND NOTIFY CAMFROG OF YOUR ACCESS. CAMFROG RESERVES THE RIGHT TO REQUEST FURTHER INFORMATION FROM YOU IN AN EFFORT TO FURTHER ASSURE SUCH SITE RELATED SERVICE OR VIDEO CHATROOM CANNOT BE ACCESSED BY USERS UNDER THE AGE OF EIGHTEEN (18).
- You may not use software other than Camfrog software to connect to the Camfrog Video Chat network. You may not use automated means (such as harvesting bots, robots, spiders, or scrapers) to collect Camfrog users’ information without our permission.
- You may not use Camfrog software, Camfrog site related services, or third party software bundled with Camfrog to transmit viruses or any other malicious programs. Doing so may be a violation of Federal law.
- You may not share your Camfrog Pro serial numbers with others. Please keep your serial number private. Only one person can be logged on to the Camfrog network at a time using one serial number. If more than one person tries to use the same serial number at the same time you will both be disconnected from the Camfrog service. If you share your serial number with others and this sharing causes you to be constantly disconnected from the Camfrog network Camfrog can't and won't reissue you another serial number.
- You may not use the Camfrog website or site related services, or third party software bundled with Camfrog to disparage or damage the reputation of Camfrog or Camfrog employees, contractors, agents, officers or directors.
- You may not hack the Camfrog application, use software intended to modify the Camshare application software in any way, circumvent Camshare security measures, obtain any personally identifying information of other Camfrog users; and you shall not publish any such software or hack or make and such software, application or hack available for download or installation from any medium. Violation of this provision is cause for us to revoke your Camfrog account and we may pursue other remedies against you available to us by law.
- If you do not logon to Camfrog for 6 months your nickname may be deactivated.
- Use of Camfrog is solely for your personal, non-commercial use only. You may not use the Camfrog software or site related services to generate income in any manner. Camfrog shall not be liable to any third party that creates or implements any helper application software for use with Camfrog.
- Camfrog reserves the right to modify or change the Camfrog software and site related services without notice. Camfrog shall not be liable to you or any third party for changes in our software, site related services or bundled software.
- From time to time Camfrog uses Camfrog still images or brief videos that do not have personally identifying information to demonstrate the application or illustrate the appearance of a video window. Please notify us if you want us to take down a specific image used for such purpose.
- You will not use the Camfrog service, nor will you use any still image or recorded video or User ID of any other Camfrog user, to do anything unlawful, misleading, malicious, discriminatory, hateful, or threatening. You agree not to upload, post or otherwise publish any still image or recorded video or User ID of any other Camfrog user to any other website without the express written permission of the other user.
- You will not use our copyrights or Trademarks in whole or in part (including Camfrog, Camshare, Camfrog icons, the Camfrog logo, or any copyrighted Camfrog graphics, text or other content) without our written permission.
- Camfrog reserves the right to remove or disable any profiles or video chat rooms that in Camfrog's opinion violate any of these Terms of Service, or any term of the accompanying license and/or agreement.
- The Camfrog Terms of Service may have been translated into other languages. In the event of any inconsistency, discrepancy or conflict between the English language version then in effect and the version in any other language, the English language version shall control and prevail.
- Violation Of Terms And Liquidated Damages.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Camfrog to pursue legal action to enforce these Terms, you will be liable to pay Camfrog the following amounts as liquidated damages, which you accept as reasonable estimates of Camfrogs' damages for the specified breaches of these Terms:
- If you use Camfrog trademarks (including Camfrog, Camshare, Camfrog icons, the Camfrog logo, or any other copyrighted Camfrog graphics) without our permission you agree to pay Camfrog one thousand dollars ($1,000) for each instance of such unauthorized use, and $1,000 for each day of unauthorized use after being notified that your use is unauthorized.
- If you broadcast, post, or instant message spam; post spam in a Camfrog profile comments; or spam other users with spam videos, you agree to pay Camfrog one hundred dollars ($100) for each instance of prohibited spam.
- If Camfrog terminates your access to use of the service you agree to no longer use our service. If you continue to use our service you agree to pay Camfrog $100 per day for each day you access Camfrog after your account is terminated.
If you publish any form of image or user ID of another Camfrog user in violation of these Terms, you agree to pay Camfrog $100 for the first instance discovered by Camfrog, and $100 per day for every day the image or ID remains published after your receipt of notice from Camfrog regarding the violation of these Terms.
Otherwise, you agree to pay Camfrog's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Camfrog retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
- These Terms of Service will be interpreted and governed by the laws of the State of Texas. You agree that any legal dispute involving Camfrog software and/or site related services must take place in State or Federal courts in Travis County, Texas. You agree to waive any objection to personal jurisdiction, and agree that venue shall be in Travis County, Texas. Camfrog's liability to you for any cause whatsoever, no matter the form of the action, will at all times be limited to the amount paid, if any, by you to Camfrog for products and services during your membership.
- These Terms of Service, along with any applicable Camfrog software license and agreement, constitute the entire agreement between the parties and supersede any prior written or oral understanding or agreements.
- Please report any violations of these Terms of Service by visiting our contact page which can be accessed at http://www.camfrog.com and clicking on "contact." We hope you will enjoy using the Camfrog Video Chat software and site related services.
- Camfrog is dedicated to protecting children from internet abuse. If you believe that any user has sent an inappropriate image or images of a minor, or has solicited a minor, please click on www.cybertipline.com, which is affiliated with the National Center for Missing and Exploited Children (telephone 1-800-843-5678).