Terms Of Service and User License Agreement
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, 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 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.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
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: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text(s), voice communication(s), image(s) or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a Camfrog employee, administrator or representative; (d) disparaging the Camfrog service or Software, Camfrog or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host, or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. 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.
Occasionally, with your permission, Camfrog will feature your Images in various places throughout Camfrog, such as the Camfrog 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 Camfrog profile and modify the appropriate setting.
NO SOLICITATION; NO DENIGRATION
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.
HOSTING A 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.
YOUR USER SUBMISSIONS
As a Camfrog account holder you may submit video content ("User Submissions"). You understand that whether or not such User Submissions are published, Camfrog does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant that: you own or have obtained all necessary patent, trademark, trade secret, copyright, privacy, right of publicity and/or other licenses, rights, consents, and permissions to use and authorize Camfrog to use any and all User Submissions, and to enable inclusion and use of the User Submissions in the manner contemplated by the Camfrog website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Camfrog, you hereby grant Camfrog a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Camfrog website and Camfrog's (and its successors' and affiliates') business, including without limitation promotion and redistribution of part or all of the Camfrog website (and derivative works thereof) in any media formats and through any media channels now existing or hereinafter devised. You also hereby grant each user of the Camfrog website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Service. You understand and agree, however, that Camfrog may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit any material the rights in which are owned by a third person or entity unless you are authorized by such third person or entity to use and/or post such material and to grant Camfrog the right to use and/or post such material.
Camfrog does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Camfrog expressly disclaims any and all liability in connection with User Submissions. Camfrog does not permit infringement of intellectual property rights on its website, and Camfrog will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Camfrog reserves the right to remove Content, Images, User Submissions and any other materials of any kind without prior notice.
ACCOUNT TERMINATION POLICY
Camfrog will terminate a User's access to the Camfrog website if, under appropriate circumstances, Camfrog determines that the User is a repeat infringer.
Camfrog reserves the right to decide whether Content, Images or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Camfrog may remove such Content, Images, User Submissions and/or any other material, and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Camfrog may deactivate, and release to the public, any accounts that are inactive for six (6) months or more.
DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Submission or other content on the Camfrog website infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of the owner of such right.
Notifications of claimed infringement should be sent to: Camfrog, PO Box 685106, Austin, TX 78768-5106 email: helpdesk@Camfrog.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Camfrog may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Camfrog's sole discretion.
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.
Camfrog 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 Camfrog services, or (iv) such action is appropriate to protect Camfrog's rights, property or safety or the rights, property or safety of the Camfrog Parties, and/or Camfrog’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 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.
LIMITATION OF LIABILITY AND INDEMNIFICATION
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.
U.S. GOVERNMENT RESTRICTED RIGHTS:
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., PO Box 685106, Austin, Texas, 78768.
GOVERNING LAW; AMENDMENTS
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.
CONSOLIDATION; CREDITORS RIGHTS
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.
In the event you believe that a user has sent inappropriate 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).
OTHER REFERENCE SITES:
Get net wise! Common sense guidelines:
10 golden rules of online safety. (not just for kids)
Learn about parenting and keep your kids safe on the net:
Anti-Child porn information:
Child Online Privacy Protection Act. (coppa):
Child Online Privacy Protection Rule:
Child internet protection act:
Child safety information sites:
FBI child safety information:
National Center for Missing and Exploited Children:
Child Online Privacy Protection Rule: