THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CAMSHARE, INC. D/B/A Camfrog ("Camfrog") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF Camfrog's SOFTWARE, WEBSITE (including without limitation all pages, rooms and other areas on the website), DOCUMENTATION AND ASSOCIATED MATERIALS (hereinafter collectively "Software"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION, BY USING THE SOFTWARE OR 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 SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
Camfrog grants to you a non-exclusive, non-transferable license to use this copy of the Software solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software 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, CD-ROM or other storage device) of such computer.
The Software is proprietary to Camfrog and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. Camfrog reserves all rights not expressly granted herein. Camfrog owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Camfrog's ownership or proprietary rights therein or any other Camfrog information or materials, tangible or intangible, in any form and in any medium.
This Website contains the CAMFROG marks and other valuable trade and service marks owned by Camfrog. 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 Camfrog. Other trademarks not owned by Camfrog and referenced on this Web site are the property of their respective owners.
TO DOWNLOAD AND INSTALL THE SOFTWARE, AND TO ACCESS AND/OR USE CERTAIN SECTIONS OF THE CAMFROG 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 SOFTWARE WITHOUT ADULT SUPERVISION. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INCLUDING 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 SOFTWARE 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, DO NOT SAVE YOUR Camfrog 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 Camfrog ACCOUNT. TO DELETE ANY UNAUTHORIZED ACCOUNTS, PLEASE CLICK ON THE USERNAME DROPDOWN LIST AT THE CAMFROG LOGON WINDOW. When you register for the SOFTWARE. You will choose a username or nickname, and an account (Camfrog 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 Camfrog deems in its sole discretion to be profane, offensive or in any other way unacceptable. Camfrog 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 Software, 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 Camfrog of any unauthorized use of your account, password or other breach of security.
We provide the service and software 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, software or 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 camfrog 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, software 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, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying the Software or which Camfrog in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the Camfrog services, Camfrog reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the Camfrog services, your subscription fee WILL NOT be refunded (either in whole or in part) if your account is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefor, Camfrog reserves the right to restrict conduct and/or take measures against conduct that Camfrog deems in its sole discretion to be harmful or offensive to other users, or unacceptable for any reason or no reason whatsoever, or otherwise detracts from the Camfrog service, or adversely affects Camfrog or its business or Software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include:
In addition, examples of unacceptable conduct include, but are not limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancel bot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by Camfrog to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by Camfrog with respect to any similar behavior in the future. Without assuming the responsibility therefor, Camfrog also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organizations.
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 Camfrog is not responsible in any manner for such Content. Camfrog 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 Camfrog home page, a landing page, or any other page does not constitute an endorsement by Camfrog or indicate that the Content has been reviewed or approved by Camfrog, and Camfrog expressly disclaims responsibility for same. Camfrog 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 Camfrog, you do so at your own risk.
If another Camfrog 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 Camfrog 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 Camfrog 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 Camfrog 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 Camfrog Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a Camfrog user to capture any Image or Chat that is Published on any page(s) on the Camfrog website without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user shall be deemed to be a third party beneficiary of the Terms of Service. Camfrog’s authorized third party content providers (as identified by Camfrog) are intended to be third party beneficiaries of these Terms of Service.
As a condition of your use of the Software, 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 Camfrog (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with Camfrog, 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 Camfrog or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of Camfrog or any Representative, or otherwise tarnish or dilute any of Camfrog's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of Camfrog to cease using, and/or any potential customer or client of Camfrog not to use any Camfrog products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with Camfrog's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
Group 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. Camfrog 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.
In accordance with these Terms of Service, you have the ability to create your own room on Camfrog. 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 Camfrog site including, at Camfrog's sole discretion, the homepage.
By accepting these Terms of Services, you are also agreeing to be bound by the YouTube Terms of Services: https://www.youtube.com/t/terms.
Camfrog 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, Camfrog 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 Camfrog would include all steps that Camfrog deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
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 Camfrog 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Camfrog OR ITS AFFILIATES OR THEIR RESPECTIVE PAST, PRESENT OR FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS OR REPRESENTATIVES (COLLECTIVELY and individually the "Camfrog 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 Camfrog HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD the Camfrog 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 SOFTWARE 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.
You acknowledge and agree that any breach of this Agreement may result in irreparable damage or injury to Camfrog for which Camfrog will not have an adequate remedy at law. Accordingly, in addition to any other remedies and damages available to Camfrog, you acknowledge and agree that in the event that Camfrog reasonably determines that you have breached this Agreement and that such breach is causing or may cause it irreparable damage, Camfrog 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 Camfrog’s right to such relief.
This Agreement and the terms hereof contain the entire agreement between you and Camfrog 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 Camfrog concerning such use.
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Camshare, Inc., P.O. Box 326 Jericho, NY 11753.
In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan. 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 Camfrog. Camfrog 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 Software.
In the event of a merger, sale of assets or other corporate transaction involving Camfrog or in the event of a bankruptcy, insolvency or other action involving creditors of Camfrog or under other similar or related circumstances, Camfrog reserves the right to disclose and/or sell information about you and your Account. In the event Camfrog 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 Camfrog'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.
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