Difference between revisions of "TermOfUse"

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'''<u>Date
 
Last Modified: June 29th 2015</u>'''
 
  
 
+
Date Last Modified: June 29th 2015
'''<u>CamSoda
 
User Agreement</u>'''
 
  
 
 
'''General/Introduction'''
 
  
+
CamSoda User Agreement
When
 
you create an account on CamSoda.com (�us� or �we�) you agree to all of the
 
terms and conditions of this User Agreement (the �Agreement�). This
 
Agreement constitutes the entire agreement between us and
 
you, the user, with respect to your use of the interactive, streaming
 
video and text communication platform (the �Platform�) available at
 
CamSoda.com. You must agree to abide by all of the terms and conditions
 
contained in this Agreement in order to become or remain an authorized user of
 
the Platform. Please read the following terms and conditions carefully,
 
as they form the agreement between us, or any of its successors or assigns
 
(referred to herein as the �Site�, �we� or �us�) and you (sometimes referred to
 
herein as �you� or �your�) IF YOU DO NOT AGREE
 
TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT
 
PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND
 
BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM
 
TIME TO TIME.
 
  
 
 
'''Purpose
 
of Platform'''
 
  
+
General/Introduction
The
 
Platform serves as a platform to allow users, including you, to broadcast
 
streaming video, view the streaming videos of others and to interact via text.
 
The Platform operates solely as a social networking platform and any
 
misuse of the information received through the Platform, such as for
 
prostitution or other illegal purposes, is not permitted. The Platform is not a
 
dating, hook up or similar type of service/website. The Platform is
 
merely intended for entertainment purposes only which include permitting
 
consenting adults to view, share and communicate their interests and consented
 
to activities.
 
  
 
 
'''Revisions
 
to this Policy and Platform'''
 
  
+
When you create an account on CamSoda.com (&ldquo;us&rdquo; or &ldquo;we&rdquo;) you agree to all of the terms and conditions of this User Agreement (the &ldquo;Agreement&rdquo;). This Agreement constitutes the entire agreement between us and you, the user, with respect to your use of the interactive, streaming video and text communication platform (the &ldquo;Platform&rdquo;) available at CamSoda.com. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between us, or any of its successors or assigns (referred to herein as the &ldquo;Site&rdquo;, &ldquo;we&rdquo; or &ldquo;us&rdquo;) and you (sometimes referred to herein as &ldquo;you&rdquo; or &ldquo;your&rdquo;) IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
We
 
reserve the right to revise and amend this Agreement at any time and in any
 
manner. Any time any changes are made to this Agreement, the �Last
 
Updated� date at the top of this page will be updated to the date such changes
 
were made. You agree to regularly review this Agreement to confirm no
 
revisions have been made to it. Should you not agree to any new changes, you
 
must immediately terminate your account (if any) and cease accessing the
 
Platform and CamSoda.com. Your right to use the Platform is subject to
 
any limitations, conditions, and restrictions established and enforced by us
 
from time to time, in our sole discretion. We may alter, suspend, or
 
discontinue any or all aspects of the Platform at any time, including the
 
availability of any Platform feature, database, or content. We may also
 
impose limits on certain features and aspects of the Platform or restrict your
 
access to parts or the entire Platform without notice or liability.
 
  
 
 
'''Minimum
 
Age Requirement'''
 
  
+
Purpose of Platform
In
 
order to access and/or use the Platform, you must be at least eighteen years of
 
age or the age of majority in your jurisdiction, whichever is higher (the �Age
 
of Majority�). In the event that we believe or are advised that a third
 
party believes you not to be the Age of Majority, we will immediately terminate
 
your account and we may, in our sole discretion,
 
provide all information related to your account and use of the Platform to law
 
enforcement. We may, in certain circumstances, provide users with an
 
opportunity to provide documentation sufficient (in our sole determination) to
 
verify that you are at least the Age of Majority. We are under no
 
obligation and take on no obligation to request or permit you to provide any
 
such documentation at any time. Any and all suspected minors, including
 
all of their account information, will be reported to the United States
 
National Center for Missing and Exploited Children (�NCMEC�).
 
  
 
 
'''No
 
Responsibility'''
 
  
+
The Platform serves as a platform to allow users, including you, to broadcast streaming video, view the streaming videos of others and to interact via text. The Platform operates solely as a social networking platform and any misuse of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. The Platform is not a dating, hook up or similar type of service/website. The Platform is merely intended for entertainment purposes only which include permitting consenting adults to view, share and communicate their interests and consented to activities.
The
 
Platform is a tool which allows users to interact both
 
in text and video form. Each user is responsible for the content of his
 
or her own communications. While we have
 
established the Code of Conduct below and will use our reasonable efforts to
 
investigate any report(s) that one or more users are not complying with the
 
Code of Conduct or this Agreement, we do not and will not undertake any duty to
 
supervise the various chat rooms, broadcasts or any other communication through
 
the Platform. We have no control over any communications
 
which happen through the Platform and you specifically release us from
 
any and all claims or liability in connection with any communication between
 
you and any other user of the Platform whether or not they take place through
 
the Platform. It is possible that one or more users may post links to
 
third party websites (the &quot;External Links&quot;). We are not responsible
 
for, and shall have no liability to you or anyone else as a result of, the
 
availability of External Links or their contents. We have no control and
 
take no responsibility for any External Links posted, shared or otherwise
 
communicated either through the Platform or by one of more users of the
 
Platform.
 
  
 
<u>We
 
are not responsible for any incidental, consequential, special, punitive,
 
exemplary, direct or indirect damages of any kind whatsoever, which may arise
 
out of or relate to your use of the Platform, including but not limited to lost
 
revenues, profits, business or data, or damages resulting from any viruses,
 
worms, &quot;Trojan horses&quot; or other destructive software or materials, or
 
communications by you or other users of the Platform, or any interruption or
 
suspension of the Platform, regardless of the cause of the interruption or
 
suspension</u>.
 
Any claim against us shall be limited to the amount you paid, if any, for use
 
of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time,
 
and you may stop using the Platform at any time, please see details on
 
cancellation below.
 
  
 
+
Revisions to this Policy and Platform
'''License
 
Granted to the Platform'''
 
  
 
By
 
using the Platform, you represent and warrant that you are the sole owner of
 
all portions of all content uploaded and/or streamed
 
by you through the Platform. By
 
streaming or uploading any content to the Platform you are granting to the
 
Platform and its third party advertisers a fully paid, worldwide, irrevocable
 
license to use and distribute such content through the Platform and in
 
advertising. By uploading and/or streaming any content in any form
 
through the Platform you are requesting and directing us to make such content
 
to other users and viewers of the Platform.
 
  
 
+
We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the &ldquo;Last Updated&rdquo; date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and CamSoda.com. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability.
'''Code
 
of Conduct'''
 
  
 
As
 
mentioned throughout this Agreement, we merely provide a Platform for use by
 
adults. We do not seek to control or censor the information users choose
 
to post on the Service; however, in order to ensure the Platform remains an
 
opening and welcome place for users, we have instituted the following Code of
 
Conduct:
 
  
+
Minimum Age Requirement
# We      have no tolerance for minors on the Platform for any reason.  You      will not use the Platform to request, offer, share, or in any way seek or      distribute child pornography or even non-pornographic photographs and/or      videos of minors.  You will not at any time or <u>for any reason</u>      share or post any image or video of any minor through the Platform nor will you request or indicate you are      interested in any image or video of any minor.  Any breach of this      section, no matter how �innocent� or the basis for such breach, will lead      to an immediate ban of your account and a report of such breach and all of      your account information to NCMEC and, if we deem advisable in our sole      discretion, one or more law enforcement agencies.  NO EXCEPTIONS.
 
# You      will not discuss the abuse of any minor, any attraction to minors, any      sexual activity with minors (even if you yourself were a minor) or any      other type of discussion about minors in a sexual      or abusive manner for any reason whatsoever.  Any breach of this      section will result in the immediate ban of your account and we will      report all such discussions and your account information to NCMEC and, if      we deem advisable in our sole discretion, one or more law enforcement      agencies.  NO EXCEPTIONS.
 
# You      shall at all times comply with United States federal laws, regardless of      your location, as well as all laws applicable to where you reside.      As mentioned above, you acknowledge that you are solely responsible      for any and any all information streamed, posted, sent from or otherwise      distributed through your account on the Platform.
 
# You      understand that your account is for your own personal non-commercial use      unless you have signed up to become an Independent Compensated Broadcaster      as described below.
 
# You      will not use the Platform to stream or share, whether real or simulated,      any illegal or unsafe activity of any kind nor any violence, torture,      pain, erotic asphyxiation, fisting, rape or any other action associated      with causing harm to yourself or another person.  Moreover, any      depiction of blood for any reason will not be tolerated.
 
# You      shall not use the platform to in any way share or distribute any libelous,      slanderous, abusive or defamatory information or statements.      Further, you will not use the Platform to engage in any harassing      activity.
 
# You      will not share or encourage through the Platform any hateful, sexist,      abusive, rude, profane, obscene, harassing or otherwise offensive content      nor any content which is terroristic or in furtherance of a terrorist      aim/purpose in nature.
 
# You      shall not use the Platform to impersonate or in anyway infringe on the      property, civil or intellectual property right(s) of any user.
 
# You      will not use the Platform to solicit funds from any other user nor to      advertise or solicit for any goods or services.
 
# You      will not use the Platform to distribute or share any chain letters,      advertisements, spam or any other type of commercial message through the      Platform.
 
# You      will not use the Platform nor any information received by you through or      from the Platform for any illegal purpose or any purpose      which would be a violation of this Agreement.
 
# You      will not appear drunk/intoxicated on camera nor will you drink or take/use      any mind altering substances.
 
# You      will not post or stream any �goatse� or bukkake� nor will you insert into      yourself or any other person any unusual or very large object which shall      include, by way of example only, a broom handle or animal dildo.
 
# You      will not discuss, depict or suggest to depict      incest regardless of the age of the participants.
 
 
You
 
understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time
 
without notice.
 
  
 
 
'''Member�s
 
Obligation to Comply with 18 U.S.C. 2257 '''
 
  
 
+
In order to access and/or use the Platform, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher (the &ldquo;Age of Majority&rdquo;). In the event that we believe or are advised that a third party believes you not to be the Age of Majority, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of the Platform to law enforcement. We may, in certain circumstances, provide users with an opportunity to provide documentation sufficient (in our sole determination) to verify that you are at least the Age of Majority. We are under no obligation and take on no obligation to request or permit you to provide any such documentation at any time. Any and all suspected minors, including all of their account information, will be reported to the United States National Center for Missing and Exploited Children (&ldquo;NCMEC&rdquo;).
You
 
should be aware that, pursuant to federal law, any visual depictions that you
 
upload to and/or stream through the Platform that portray actual sexually
 
explicit conduct, depictions of the genitals or pubic area, or simulated
 
sexually explicit activity, as such terms are defined in 18 U.S.C. �2256
 
(2)(A)(i)-(v) and 18 U.S.C. �2257A, require that you maintain the records
 
required by 18 U.S.C. 2257 and must contain an &quot;18 U.S.C. 2257
 
Record-Keeping Requirements Compliance Statement.&quot; Your failure to comply
 
with the provisions of 18 U.S.C. 2257 may make you subject to criminal and
 
civil prosecution for the violation of 18 U.S.C. 2257.
 
  
 
 
'''Compensated
 
Independent Broadcaster'''
 
  
+
No Responsibility
The
 
Platform contains an option for users to give Credits to other users and for
 
certain users to receive such Credits. Users who are capable of receiving
 
Credits are known as �Compensated Independent Performers�. In order to
 
become a Compensated Independent Broadcaster, a user must provide certain age
 
verification documentation. In the event that a Compensated Independent
 
Broadcaster is terminated from using the Platform due to a breach or suspected
 
breach of this Agreement, including providing false documentation to Platform,
 
in addition to our rights under this Agreement any and all Credits in the Compensated
 
Independent Broadcaster�s account will be deemed forfeited to the Platform as
 
partial compensation to the Platform for investigating and/or identifying the
 
actual or alleged breach. In addition to providing certain age
 
verification documentation, all Compensated Independent Broadcasters will be
 
subject to our payment terms and conditions which will be made available to all
 
interested users during the process of changing the user�s account status.
 
Compensated Independent Broadcasters are not employees of the Platform
 
and the Platform does not and will not undertake any duty to supervise any
 
Compensated Independent Broadcaster�s activity through the Platform at any
 
time.
 
  
 
 
'''Information
 
You Share'''
 
  
+
The Platform is a tool which allows users to interact both in text and video form. Each user is responsible for the content of his or her own communications. While we have established the Code of Conduct below and will use our reasonable efforts to investigate any report(s) that one or more users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the various chat rooms, broadcasts or any other communication through the Platform. We have no control over any communications which happen through the Platform and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Platform whether or not they take place through the Platform. It is possible that one or more users may post links to third party websites (the &quot;External Links&quot;). We are not responsible for, and shall have no liability to you or anyone else as a result of, the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated either through the Platform or by one of more users of the Platform.
You
 
are solely responsible for any information you share with any user either
 
through the Platform or otherwise and you specifically acknowledge that any
 
information you share with another user should be considered public
 
information. We have no control and take no responsibility for any
 
information you share with any user which is then
 
used, shared, or in any way allegedly or actually misused. In such event,
 
you acknowledge that your dispute will be directly with the user you believe to
 
be responsible.
 
  
 
 
'''Off
 
Platform Interactions and Meetings'''
 
  
+
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, &quot;Trojan horses&quot; or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.
The
 
Platform is not intended as a dating or any other type of service
 
which would result in any users meeting each other in the real world.
 
Please always keep in mind that anyone capable of using the internet is capable of providing you with false information.
 
We advise you to exercise caution in all communications as
 
mentioned above and assume all information shared by you is public.
 
Further, we caution you against providing any payment information or any
 
funds to any user of the Platform other than through our secure payment system
 
and we shall have no responsibility for any such conduct. Should you for
 
any reason determine to meet in person with one of more users of the Platform
 
we ask you to exercise caution and consider the following points:
 
  
 
# Anyone who is able to commit      identity theft can also falsify a Platform profile;
 
# There is no substitute for acting      with caution when communicating with any stranger who wants to meet you;
 
# Never include your last name, email      address, home address, phone number, place of work, or any other      identifying information in your Platform profile or initial email      messages. Stop communicating with anyone who pressures you for personal or      financial information or attempts in any way to trick you into revealing      it; and
 
# If you choose to have a face-to-face      meeting with another member, always tell someone in your family or a      friend where you are going and when you will return. Never agree to be      picked up at your home. Always provide your own transportation to and from      your date and meet in a public place with many people around.
 
 
'''Privacy
 
and Use of Information By Us'''
 
  
+
License Granted to the Platform
As
 
more fully set forth in our Privacy Statement, we will not resell your personal
 
information to any third party.
 
  
 
 
'''Your
 
Representations and Warranties'''
 
  
+
By using the Platform, you represent and warrant that you are the sole owner of all portions of all content uploaded and/or streamed by you through the Platform. By streaming or uploading any content to the Platform you are granting to the Platform and its third party advertisers a fully paid, worldwide, irrevocable license to use and distribute such content through the Platform and in advertising. By uploading and/or streaming any content in any form through the Platform you are requesting and directing us to make such content to other users and viewers of the Platform.
By
 
using the Platform, you represent and warrant the truth and accuracy of each of
 
the following:
 
  
 
# All      images and content uploaded and/or streamed through the Platform are your      own and you own all the necessary rights to comply with this Agreement and      to distribute such images and content.
 
# You      understand that the Platform contains and/or streams explicit erotic      content in text, image, video and through sound.      You acknowledge that you willingly and freely wish to gain access to      all such content.
 
# You      are familiar to the laws and community standards applicable to you and      your access to and/or use of the Platform will not violate any such laws      or community standards.
 
# You      acknowledge that all content streamed and/or hosted      through our servers is done so by us at the request and direction      of users of the Platform.
 
# You      understand that by making the Platform available we are not directing and      will never direct any user to upload and/or stream any content of any      particular nature including any content which may infringe upon the rights      of any third party.
 
# You      understand that any review of any content uploaded to the Platform, either      before or after such content is viewed by either users, shall only be      cursory in nature to identify any obvious violations of this Agreement and      that it is your sole responsibility to confirm that you are complying with      this Agreement and not violating the right(s) of any third party.
 
 
 
'''Video
 
and Image Purchases'''
 
  
+
Code of Conduct
In
 
addition to streaming capabilities, the Platform offers the ability for
 
Compensated Independent Broadcasters to post videos and/or images. The
 
Compensated Independent Broadcaster determines which content is available for purchase
 
by other users and the the Compensated Independent
 
Broadcaster sets the purchase price. You acknowledge that any purchase by
 
you of any such video(s) and/or image(s) (the �Purchased Content�) is at your
 
own risk and the Platform makes no representations about the legality,
 
suitability, enjoyability or any other quality of any such Purchased Content.
 
You hereby release the Platform, its directors, shareholders, attorneys,
 
affiliates, successors, assigns, officers, employees and agents from any and
 
all claims arising out of or in any way related to the Purchased Content.
 
  
 
 
'''Waiver
 
of Claims'''
 
  
+
As mentioned throughout this Agreement, we merely provide a Platform for use by adults. We do not seek to control or censor the information users choose to post on the Service; however, in order to ensure the Platform remains an opening and welcome place for users, we have instituted the following Code of Conduct:
You
 
acknowledge that you cannot bring legal action against the us
 
or any of our employees, officers, or agents for any damages of any kind, under
 
any theory, as a consequence of using the Platform.
 
  
 
 
'''Copyright
 
Claims'''
 
  
   
+
# We have no tolerance for minors on the Platform for any reason. You will not use the Platform to request, offer, share, or in any way seek or distribute child pornography or even non-pornographic photographs and/or videos of minors.  You will not at any time or for any reason share or post any image or video of any minor through the Platform nor will you request or indicate you are interested in any image or video of any minor. Any breach of this section, no matter how &ldquo;innocent&rdquo; or the basis for such breach, will lead to an immediate ban of your account and a report of such breach and all of your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies.  NO EXCEPTIONS.
Because
+
# You will not discuss the abuse of any minor, any attraction to minors, any sexual activity with minors (even if you yourself were a minor) or any other type of discussion about minors in a sexual or abusive manner for any reason whatsoever.  Any breach of this section will result in the immediate ban of your account and we will report all such discussions and your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies.  NO EXCEPTIONS.
we respect the intellectual property rights of third parties, each user
+
# You shall at all times comply with United States federal laws, regardless of your location, as well as all laws applicable to where you reside.  As mentioned above, you acknowledge that you are solely responsible for any and any all information streamed, posted, sent from or otherwise distributed through your account on the Platform.
represents and warrants to us that all content shared and/or streamed through
+
# You understand that your account is for your own personal non-commercial use unless you have signed up to become an Independent Compensated Broadcaster as described below.
their account is the user�s own content. We
+
# You will not use the Platform to stream or share, whether real or simulated, any illegal or unsafe activity of any kind nor any violence, torture, pain, erotic asphyxiation, fisting, rape or any other action associated with causing harm to yourself or another person.  Moreover, any depiction of blood for any reason will not be tolerated.
voluntarily observe and comply with the United States� Digital Millennium
+
# You shall not use the platform to in any way share or distribute any libelous, slanderous, abusive or defamatory information or statements.  Further, you will not use the Platform to engage in any harassing activity.
Copyright Act (�DMCA�). If you believe that your work has been copied in
+
# You will not share or encourage through the Platform any hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature.
a way that constitutes copyright infringement, or your intellectual property
+
# You shall not use the Platform to impersonate or in anyway infringe on the property, civil or intellectual property right(s) of any user.
rights have been otherwise violated, please provide the Platform�s Designated
+
# You will not use the Platform to solicit funds from any other user nor to advertise or solicit for any goods or services.
Copyright Agent the following information: <br>
+
# You will not use the Platform to distribute or share any chain letters, advertisements, spam or any other type of commercial message through the Platform.
(a) an electronic or physical signature of the person authorized to act on
+
# You will not use the Platform nor any information received by you through or from the Platform for any illegal purpose or any purpose which would be a violation of this Agreement.
behalf of the owner of the copyright or other intellectual property interest; <br>
+
# You will not appear drunk/intoxicated on camera nor will you drink or take/use any mind altering substances.
(b) description of the copyrighted work or other intellectual property that you
+
# You will not post or stream any &ldquo;goatse&rdquo; or bukkake&rdquo; nor will you insert into yourself or any other person any unusual or very large object which shall include, by way of example only, a broom handle or animal dildo.
claim has been infringed; <br>
+
# You will not discuss, depict or suggest to depict incest regardless of the age of the participants.
(c) a description of where the material that you claim is infringing is located
 
on the Site; <br>
 
(d) your address, telephone number, and email address; <br>
 
(e) a statement by you that you have a good faith belief that the disputed use
 
is not authorized by the copyright owner, its agent, or the law; and <br>
 
(f) a statement by you, made under penalty of perjury, that the above
 
information in your Notice is accurate and that you are the copyright or
 
intellectual property owner or authorized to act on the copyright or
 
intellectual property owner�s behalf. <br>
 
You may send your Notice of Claimed Infringement to: <br>
 
Lawrence G. Walters <br>
 
195 W Pine Ave <br>
 
Longwood, FL 32750<br>
 
Phone: (407) 975-9150<br>
 
Fax: (407) 774-6151<br>
 
Notice[at]DMCANotice[dot]com <br>
 
Please note that if you materially misrepresent that any content or activity is
 
infringing your copyrights, you may be liable for damages (including costs and
 
attorneys' fees).
 
  
+
You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.
DO
 
NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
 
  
 
SEND
 
ALL OTHER INQUIRIES TO: abuse@camsoda.com. Please do not send other
 
inquires or information to our Designated Agent.
 
  
 
+
Member&rsquo;s Obligation to Comply with 18 U.S.C. 2257
'''Notification
 
and Take Down Procedures'''<br>
 
Upon receipt of a DMCA compliant notice of infringement, the subject content
 
will be removed from the Platform and a notice will be sent to the responsible
 
uploader. The uploader will then have the opportunity to submit a
 
counter-notification, more fully detailed below, in compliance with the DMCA.
 
Upon receipt of a counter-notification the applicable uploader will be
 
permitted to reupload the subject content and a copy of the counter-notification
 
will be sent to the original party claiming infringement. We follow the
 
&quot;notification and takedown&quot; procedure described herein.
 
In the event that a non-DMCA compliant notice is received, we
 
reserve the right to remove the content and inform the responsible uploader;
 
further, we reserve the right, but do not undertake the obligation to,
 
communicate with the original complainant any response received from the
 
responsible uploader. We have and observe a repeat infringer policy and
 
will terminate the account of anyone on the Platform who violates such policy.
 
  
 
 
'''DMCA
 
Counter-Notification Procedure'''<br>
 
Upon receipt of a DMCA compliant notice of infringement, we will inform the
 
responsible uploader (the �Uploader�) of such claim, including, at our
 
election, providing a copy of the claim of infringement. At that time, if
 
the Uploader believed that the claim of infringement is erroneous or false,
 
and/or that the allegedly infringing content has been wrongly removed in
 
response to such claim, the Uploader shall have the opportunity to submit a
 
counter-notification pursuant to �512(g)(2) and (3) of the DMCA. The
 
information that a Recipient provides in a counter-notification must be
 
accurate and truthful, and the Recipient will be liable for any
 
misrepresentations that may cause any claims to be brought against us relating
 
to the content.
 
  
+
You should be aware that, pursuant to federal law, any visual depictions that you upload to and/or stream through the Platform that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. &sect;2256 (2)(A)(i)-(v) and 18 U.S.C. &sect;2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an &quot;18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.&quot; Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
To
 
submit a counter-notification, please provide our designated DMCA agent the
 
following information:
 
  
 
 
a.
 
A specific description of the material that was removed or
 
disabled pursuant to the Notice.
 
  
   
+
Compensated Independent Broadcaster
b.  
+
 
A description of where the material was located within the Site
+
 
before such material was removed and/or disabled. Please provide the specific
+
The Platform contains an option for users to give Credits to other users and for certain users to receive such Credits. Users who are capable of receiving Credits are known as &ldquo;Compensated Independent Performers&rdquo;. In order to become a Compensated Independent Broadcaster, a user must provide certain age verification documentation. In the event that a Compensated Independent Broadcaster is terminated from using the Platform due to a breach or suspected breach of this Agreement, including providing false documentation to Platform, in addition to our rights under this Agreement any and all Credits in the Compensated Independent Broadcaster&rsquo;s account will be deemed forfeited to the Platform as partial compensation to the Platform for investigating and/or identifying the actual or alleged breach. In addition to providing certain age verification documentation, all Compensated Independent Broadcasters will be subject to our payment terms and conditions which will be made available to all interested users during the process of changing the user&rsquo;s account status. Compensated Independent Broadcasters are not employees of the Platform and the Platform does not and will not undertake any duty to supervise any Compensated Independent Broadcaster&rsquo;s activity through the Platform at any time.
URL if possible.
+
 
 +
 
 +
Information You Share
 +
 
 +
 
 +
You are solely responsible for any information you share with any user either through the Platform or otherwise and you specifically acknowledge that any information you share with another user should be considered public information. We have no control and take no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user you believe to be responsible.
 +
 
 +
 
 +
Off Platform Interactions and Meetings
 +
 
 +
 
 +
The Platform is not intended as a dating or any other type of service which would result in any users meeting each other in the real world. Please always keep in mind that anyone capable of using the internet is capable of providing you with false information. We advise you to exercise caution in all communications as mentioned above and assume all information shared by you is public. Further, we caution you against providing any payment information or any funds to any user of the Platform other than through our secure payment system and we shall have no responsibility for any such conduct. Should you for any reason determine to meet in person with one of more users of the Platform we ask you to exercise caution and consider the following points:
 +
 
 +
 
 +
# Anyone who is able to commit identity theft can also falsify a Platform profile;
 +
# There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
 +
# Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Platform profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and
 +
# If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
 +
 
 +
Privacy and Use of Information By Us
 +
 
 +
 
 +
As more fully set forth in our Privacy Statement, we will not resell your personal information to any third party.
 +
 
 +
 
 +
Your Representations and Warranties
 +
 
 +
 
 +
By using the Platform, you represent and warrant the truth and accuracy of each of the following:
 +
 
 +
 
 +
# All images and content uploaded and/or streamed through the Platform are your own and you own all the necessary rights to comply with this Agreement and to distribute such images and content.
 +
# You understand that the Platform contains and/or streams explicit erotic content in text, image, video and through sound. You acknowledge that you willingly and freely wish to gain access to all such content.
 +
# You are familiar to the laws and community standards applicable to you and your access to and/or use of the Platform will not violate any such laws or community standards.
 +
# You acknowledge that all content streamed and/or hosted through our servers is done so by us at the request and direction of users of the Platform.
 +
# You understand that by making the Platform available we are not directing and will never direct any user to upload and/or stream any content of any particular nature including any content which may infringe upon the rights of any third party.
 +
# You understand that any review of any content uploaded to the Platform, either before or after such content is viewed by either users, shall only be cursory in nature to identify any obvious violations of this Agreement and that it is your sole responsibility to confirm that you are complying with this Agreement and not violating the right(s) of any third party.
 +
 
 +
Video and Image Purchases
 +
 
 +
 
 +
In addition to streaming capabilities, the Platform offers the ability for Compensated Independent Broadcasters to post videos and/or images. The Compensated Independent Broadcaster determines which content is available for purchase by other users and the the Compensated Independent Broadcaster sets the purchase price. You acknowledge that any purchase by you of any such video(s) and/or image(s) (the &ldquo;Purchased Content&rdquo;) is at your own risk and the Platform makes no representations about the legality, suitability, enjoyability or any other quality of any such Purchased Content. You hereby release the Platform, its directors, shareholders, attorneys, affiliates, successors, assigns, officers, employees and agents from any and all claims arising out of or in any way related to the Purchased Content.
 +
 
 +
 
 +
Waiver of Claims
 +
 
 +
 
 +
You acknowledge that you cannot bring legal action against the us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform.
 +
 
 +
 
 +
Copyright Claims
 +
 
 +
 
 +
Because we respect the intellectual property rights of third parties, each user represents and warrants to us that all content shared and/or streamed through their account is the user&rsquo;s own content. We voluntarily observe and comply with the United States&rsquo; Digital Millennium Copyright Act (&ldquo;DMCA&rdquo;). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform&rsquo;s Designated Copyright Agent the following information:
 +
 
 +
 
 +
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
 +
 
 +
 
 +
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
 +
 
 +
 
 +
(c) a description of where the material that you claim is infringing is located on the Site;
 +
 
 +
 
 +
(d) your address, telephone number, and email address;
 +
 
 +
 
 +
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
 +
 
 +
 
 +
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner&rsquo;s behalf.
 +
 
 +
 
 +
You may send your Notice of Claimed Infringement to:
 +
 
 +
 
 +
Lawrence G. Walters
 +
 
 +
 
 +
195 W Pine Ave
 +
 
 +
 
 +
Longwood, FL 32750
 +
 
 +
 
 +
Phone: (407) 975-9150
 +
 
 +
 
 +
Fax: (407) 774-6151
 +
 
 +
 
 +
Notice[at]DMCANotice[dot]com
 +
 
 +
 
 +
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys&#39; fees).
 +
 
 +
 
 +
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
 +
 
 +
 
 +
SEND ALL OTHER INQUIRIES TO: abuse@camsoda.com. Please do not send other inquires or information to our Designated Agent.
 +
 
 +
 
 +
Notification and Take Down Procedures
 +
 
 +
 
 +
Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the &quot;notification and takedown&quot; procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.
 +
 
 +
 
 +
DMCA Counter-Notification Procedure
 +
 
 +
 
 +
Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the &ldquo;Uploader&rdquo;) of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to &sect;512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.
 +
 
 +
 
 +
To submit a counter-notification, please provide our designated DMCA agent the following information:
 +
 
 +
 
 +
a. A specific description of the material that was removed or disabled pursuant to the Notice.
 +
 
 +
 
 +
b. A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
 +
 
 +
 
 +
c. A statement reflecting the Recipient&#39;s belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used: &quot;I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Platform provider as a result of mistake or misidentification of the material to be removed or disabled.&quot; loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.
 +
 
 +
 
 +
The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:
 +
 
 +
 
 +
Lawrence G. Walters
  
 
c.
 
A statement reflecting the Recipient's belief that the removal or
 
disabling of the Material was done so erroneously. For convenience, the
 
following format may be used: &quot;I swear, under penalty of perjury, that I
 
have a good faith belief that the referenced material was removed or disabled
 
by the Platform provider as a result of mistake or misidentification of the
 
material to be removed or disabled.&quot; loss or harm caused by or arising
 
from your breach of any of the warranties and representations contained herein
 
and with respect to any breach of any term of this Agreement.
 
  
 
<br>
 
The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent
 
using the following contact information:<br>
 
Lawrence G. Walters<br>
 
 
195 W. Pine Ave.
 
195 W. Pine Ave.
  
+
 
Longwood,
+
Longwood, FL 32750-4104
FL 32750-4104<br>
+
 
 +
 
 
Fax: (407) 774-6151
 
Fax: (407) 774-6151
  
 
[[notice[at]DMCANotice[dot]com]]
 
  
+
notice[at]DMCANotice[dot]com
DO
+
 
NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL
+
 
OTHER INQUIRIES TO: abuse@camsoda.com
+
DO NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL OTHER INQUIRIES TO: abuse@camsoda.com
 +
 
 +
 
 +
We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.
 +
 
 +
 
 +
Proprietary Information
 +
 
 +
 
 +
The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.
 +
 
 +
 
 +
No Account Sharing
 +
 
 +
 
 +
Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user&rsquo;s account with anyone else. You are responsible for all usage, activity, purchases and Credits usage on the Platform. All accounts and Credits purchased are non-transferable.
 +
 
 +
 
 +
Charges
 +
 
 +
 
 +
You may purchase Credits using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Credits you will be provided with a variety of purchaseoptions which may include discounts for higher purchases of Credits. Please note that other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Credits through the Platform, you have no right or title in or to any such Credit. We reserve the right to manage, regulate, control, modify and/or eliminate such Credits as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Credits may not be transferred without our prior, explicit written authorization for such transfer. Except as expressly provided otherwise herein, Credits may not be used for any &ldquo;real-world&rdquo; purpose including, by way of example only, trade or sale. You agree that all purchases of Credits are &ldquo;final sale&rdquo; and no refund will be given in the event either you or we terminate your account. In the event that you make any Credits purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.
 +
 
 +
 
 +
Export Control
 +
 
 +
 
 +
The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department&rsquo;s list of Specially Designated Nationals or the U.S. Commerce Department&rsquo;s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
 +
 
 +
 
 +
Indemnity
 +
 
 +
 
 +
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
 +
 
 +
 
 +
No Warranties
 +
 
 +
 
 +
The Platform is distributed and made available on an &quot;as is&quot; basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code &sect; 1542, which states &quot;A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.&quot;
 +
 
 +
 
 +
Billing Errors
 +
 
 +
 
 +
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
 +
 
  
 
+
Binding Agreement
We
 
reserve the right to modify, alter or add to this policy, including our
 
internal repeat infringer policy.
 
  
 
 
'''Proprietary
 
Information '''
 
  
+
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
The
 
Platform contains information, which is proprietary to us and/or users of the
 
Platform. We assert full copyright protection in the Platform. Any information
 
posted by us or users of the Platform may be protected whether or not it is
 
identified as proprietary to us or to the user. You agree not to modify, copy
 
or distribute any such information in any manner whatsoever without having
 
first received the express permission of the owner of such information. You are
 
hereby granted a license to access and view the Platform contingent upon your
 
full compliance with each term of this Agreement. You agree not to use,
 
publish or otherwise share any of the information or images contained in or on
 
the Platform for any reason. You agree that you will not at any time use
 
any or all of the images and/or information on this Platform for any reason or
 
purpose other than your personal, non-commercial use.
 
  
 
 
'''No
 
Account Sharing'''
 
  
+
NO WARRANTIES, LIMITATION OF LIABILITY
Each
 
account created on the Platform must only be for the use of one individual.
 
No user may share, transfer or otherwise make available to any third
 
party such user�s account with anyone else. You are responsible for all usage,
 
activity, purchases and Credits usage on the Platform. All accounts and Credits
 
purchased are non-transferable.
 
  
 
 
'''Charges'''
 
  
+
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN &quot;AS IS, WITH ALL FAULTS&quot; AND &quot;AS AVAILABLE&quot; BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE&#39;S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.
You
 
may purchase Credits using any of our available purchase methods, such as, by
 
way of example only, credit card, bankcard or ACH. At the time you
 
purchase Credits you will be provided with a variety of purchase options which may include discounts for higher purchases of
 
Credits. Please note that other than a
 
limited, personal, revocable, non-transferable, non-sublicenseable license to
 
use any Credits through the Platform, you have no right or title in or to any
 
such Credit. We reserve the right to manage, regulate, control, modify and/or
 
eliminate such Credits as we may determine in our sole discretion, and we shall
 
have no liability to you or anyone for the exercise of such rights. Credits may
 
not be transferred without our prior, explicit written authorization for such
 
transfer. Except as expressly provided otherwise herein, Credits may not be
 
used for any �real-world� purpose including, by way of example only, trade or
 
sale. You agree that all purchases of Credits are �final sale� and no refund
 
will be given in the event either you or we terminate your account. In
 
the event that you make any Credits purchase and thereafter such purchase is
 
declined, charged back or otherwise returned to you and we believe such action
 
to be based upon fraud, you will be responsible to us for the return of all
 
such moneys and, in the event we determine to institute legal proceedings
 
against you for the return of such moneys, you shall be liable to us for all
 
costs incurred by us in connection with such collection efforts including all
 
fees, costs and attorneys fees.
 
  
 
 
'''Export
 
Control'''
 
  
+
Severability
The
 
Platform must not be viewed or used in, or exported or re-exported to, any
 
jurisdiction in which the access, viewing, downloading, or other use of
 
Platform and/or the Third Party Service would or could reasonably constitute a
 
violation of any law, regulation, rule, or custom. The Site and Platform
 
must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya,
 
Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii)
 
any person or entity on the U.S. Treasury Department�s list of Specially
 
Designated Nationals or the U.S. Commerce Department�s Table of Deny Orders.
 
The foregoing groups are not exhaustive, and you are solely responsible
 
for complying with the laws, regulations, rules, and customs in your own
 
jurisdiction.
 
  
 
 
'''Indemnity'''
 
  
+
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
You
 
agree to indemnify us, our officers, directors, employees and agents, from any
 
loss or damages, including without limitation reasonable legal fees, which we
 
may suffer from your activities on or use of the Platform and, including
 
without limitation any breach by you of this Agreement or any charges or
 
complaints made by other parties against you. You shall cooperate as fully as
 
reasonably required in the defense of any claim. We reserve the right to assume
 
the exclusive defense and control of any matter otherwise subject to
 
indemnification by you; provided, however, that you shall remain liable for any
 
such claim.
 
  
 
 
'''No
 
Warranties'''
 
  
+
Arbitration
The
 
Platform is distributed and made available on an &quot;as is&quot; basis. We do
 
not warrant that the Platform will be uninterrupted or error-free. There may be
 
delays, omissions, and interruptions in the availability of the Platform. Where
 
permitted by law, you acknowledge that the Platform is provided without any warranties
 
of any kind whatsoever, either express or implied, including but not limited to
 
the implied warranties of merchantability and fitness for a particular purpose.
 
You acknowledge that use of the Platform is at your own risk. We do not
 
represent or endorse the accuracy or reliability of any advice, opinion,
 
statement or other information displayed, uploaded or distributed through the
 
Platform. You acknowledge that any reliance upon any such opinion, advice,
 
statement or information shall be at your sole risk. If you are a
 
California resident, you waive California Civil Code � 1542, which states
 
&quot;A general release does not extend to claims which the creditor does not
 
know or suspect to exist in his favor at the time of executing the release,
 
which if known by him must have materially affected his settlement with the
 
debtor.&quot;
 
  
 
 
'''Billing
 
Errors '''
 
  
+
Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
If
 
you believe that you have been erroneously billed, please notify us immediately
 
of such error. If we do not hear from you within thirty (30) days after such
 
billing error first appears on any account statement, such fee will be deemed
 
acceptable by you for all purposes, including resolution of inquiries made by
 
your credit card issuer. You release us from all liabilities and claims of loss
 
resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
 
  
 
 
'''Binding
 
Agreement '''
 
  
+
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Miami-Dade County, Florida, exclusively, unless otherwise agreed to by the parties in writing.
By
 
supplying us with all the required information and signing up as a member you
 
acknowledge and affirmatively state that you have read, and understand the
 
terms set forth herein and that you agree to be bound by the terms and
 
conditions hereof.
 
  
 
 
'''NO
 
WARRANTIES, LIMITATION OF LIABILITY '''
 
  
+
Cancellation By User
YOU
 
EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE
 
THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE
 
ARE PROVIDED ON AN &quot;AS IS, WITH ALL FAULTS&quot; AND &quot;AS
 
AVAILABLE&quot; BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
 
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
 
NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR
 
REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
 
ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
 
FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY
 
INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE,
 
HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY
 
USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
 
THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT
 
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER
 
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
 
DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES
 
OR PUNITIVE DAMAGES. <u>YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR
 
BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE
 
AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US</u>.
 
  
 
 
'''Severability
 
'''
 
  
+
You may cancel your membership at any time by visiting abuse@camsoda.com or emailing us at abuse@camsoda.com.
If any term, clause or provision hereof is held invalid or
 
unenforceable by a court of competent jurisdiction, such invalidity
 
shall not affect the validity or operation of any other term, clause or
 
provision and such invalid term, clause or provision shall be deemed to be
 
severed from this Agreement.
 
  
 
 
'''Arbitration'''
 
  
+
Termination by Us
Any
 
disputes arising under or in connection with this Agreement (including any
 
dispute relating to the arbitrability of this Agreement or any provision of
 
this Agreement or any other dispute relating to arbitration) must be submitted
 
to arbitration before and in accordance with the arbitration rules of the
 
American Arbitration Association in accordance with its commercial arbitration
 
rules. The provisions of this Arbitration Section must be construed as
 
independent of any other covenant or provision of this Agreement; provided that
 
if a court of competent jurisdiction or arbitrator determines that any such
 
provisions are unlawful in any way, such court or arbitrator is to modify or
 
interpret such provisions to the minimum extent necessary to have them comply
 
with the law. Judgment upon an arbitration award may be entered in any court
 
having competent jurisdiction and will be binding, final and non-appealable.
 
You and we hereby waive to the fullest extent permitted by law, any right to
 
bring a claim for any punitive or exemplary damages against the other and agree
 
that in the event of a dispute between them, each shall be limited to the
 
recovery of any actual damages sustained by it. It is the intent of the parties
 
that any dispute between the parties will be considered on an individual
 
claim(s) basis, and that none of their respective claims may be arbitrated or
 
litigated on a class-wide basis.<br>
 
This arbitration provision is self-executing and will remain in full force and
 
effect after the expiration or termination of this Agreement. In the event
 
either party fails to appear at any properly noticed arbitration proceeding, an
 
award may be entered against such party by default or otherwise notwithstanding
 
said failure to appear. Any arbitration shall take place in Miami-Dade
 
County, Florida, exclusively, unless otherwise agreed to by the parties in
 
writing.
 
  
 
 
'''Cancellation
 
By User'''
 
  
+
We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.
You
 
may cancel your membership at any time by visiting abuse@camsoda.com or
 
emailing us at abuse@camsoda.com.
 
  
 
 
'''Termination
 
by Us'''
 
  
+
Effect of Termination or Cancellation
We
 
may, in our sole discretion, without advance notice, terminate or suspend your
 
access to all or part of the Platform at any time, with or without notice, for
 
any reason, including, without limitation, breach of this Agreement or in the
 
event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be
 
liable to you for any termination of your membership or access to the Platform.
 
Without limiting the generality of the foregoing, any fraudulent,
 
abusive, or otherwise illegal activity may be grounds for termination of your
 
access to all or part of the Platform at our sole discretion, and we reserve
 
the right to refer such activity to any and all appropriate law enforcement
 
agencies. You agree that if your account is terminated by us,
 
you will not attempt to re-register as a member without prior written consent
 
from us.
 
  
 
 
'''Effect
 
of Termination or Cancellation'''
 
  
+
In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.
In
 
the event that your account is terminated or cancelled for any reason,
 
effective immediately you will no longer have access to the non-public areas of
 
the Platform nor will you be able to utilize any Number or any Credits.
 
Any Credits left in your account will be deemed forfeited to us and you
 
will not be compensated for same.
 

Revision as of 10:00, 29 June 2015

Date Last Modified: June 29th 2015


CamSoda User Agreement


General/Introduction


When you create an account on CamSoda.com (“us” or “we”) you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the entire agreement between us and you, the user, with respect to your use of the interactive, streaming video and text communication platform (the “Platform”) available at CamSoda.com. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between us, or any of its successors or assigns (referred to herein as the “Site”, “we” or “us”) and you (sometimes referred to herein as “you” or “your”) IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.


Purpose of Platform


The Platform serves as a platform to allow users, including you, to broadcast streaming video, view the streaming videos of others and to interact via text. The Platform operates solely as a social networking platform and any misuse of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. The Platform is not a dating, hook up or similar type of service/website. The Platform is merely intended for entertainment purposes only which include permitting consenting adults to view, share and communicate their interests and consented to activities.


Revisions to this Policy and Platform


We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the “Last Updated” date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and CamSoda.com. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability.


Minimum Age Requirement


In order to access and/or use the Platform, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”). In the event that we believe or are advised that a third party believes you not to be the Age of Majority, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of the Platform to law enforcement. We may, in certain circumstances, provide users with an opportunity to provide documentation sufficient (in our sole determination) to verify that you are at least the Age of Majority. We are under no obligation and take on no obligation to request or permit you to provide any such documentation at any time. Any and all suspected minors, including all of their account information, will be reported to the United States National Center for Missing and Exploited Children (“NCMEC”).


No Responsibility


The Platform is a tool which allows users to interact both in text and video form. Each user is responsible for the content of his or her own communications. While we have established the Code of Conduct below and will use our reasonable efforts to investigate any report(s) that one or more users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the various chat rooms, broadcasts or any other communication through the Platform. We have no control over any communications which happen through the Platform and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Platform whether or not they take place through the Platform. It is possible that one or more users may post links to third party websites (the "External Links"). We are not responsible for, and shall have no liability to you or anyone else as a result of, the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated either through the Platform or by one of more users of the Platform.


We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.


License Granted to the Platform


By using the Platform, you represent and warrant that you are the sole owner of all portions of all content uploaded and/or streamed by you through the Platform. By streaming or uploading any content to the Platform you are granting to the Platform and its third party advertisers a fully paid, worldwide, irrevocable license to use and distribute such content through the Platform and in advertising. By uploading and/or streaming any content in any form through the Platform you are requesting and directing us to make such content to other users and viewers of the Platform.


Code of Conduct


As mentioned throughout this Agreement, we merely provide a Platform for use by adults. We do not seek to control or censor the information users choose to post on the Service; however, in order to ensure the Platform remains an opening and welcome place for users, we have instituted the following Code of Conduct:


  1. We have no tolerance for minors on the Platform for any reason. You will not use the Platform to request, offer, share, or in any way seek or distribute child pornography or even non-pornographic photographs and/or videos of minors. You will not at any time or for any reason share or post any image or video of any minor through the Platform nor will you request or indicate you are interested in any image or video of any minor. Any breach of this section, no matter how “innocent” or the basis for such breach, will lead to an immediate ban of your account and a report of such breach and all of your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS.
  2. You will not discuss the abuse of any minor, any attraction to minors, any sexual activity with minors (even if you yourself were a minor) or any other type of discussion about minors in a sexual or abusive manner for any reason whatsoever. Any breach of this section will result in the immediate ban of your account and we will report all such discussions and your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS.
  3. You shall at all times comply with United States federal laws, regardless of your location, as well as all laws applicable to where you reside. As mentioned above, you acknowledge that you are solely responsible for any and any all information streamed, posted, sent from or otherwise distributed through your account on the Platform.
  4. You understand that your account is for your own personal non-commercial use unless you have signed up to become an Independent Compensated Broadcaster as described below.
  5. You will not use the Platform to stream or share, whether real or simulated, any illegal or unsafe activity of any kind nor any violence, torture, pain, erotic asphyxiation, fisting, rape or any other action associated with causing harm to yourself or another person. Moreover, any depiction of blood for any reason will not be tolerated.
  6. You shall not use the platform to in any way share or distribute any libelous, slanderous, abusive or defamatory information or statements. Further, you will not use the Platform to engage in any harassing activity.
  7. You will not share or encourage through the Platform any hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature.
  8. You shall not use the Platform to impersonate or in anyway infringe on the property, civil or intellectual property right(s) of any user.
  9. You will not use the Platform to solicit funds from any other user nor to advertise or solicit for any goods or services.
  10. You will not use the Platform to distribute or share any chain letters, advertisements, spam or any other type of commercial message through the Platform.
  11. You will not use the Platform nor any information received by you through or from the Platform for any illegal purpose or any purpose which would be a violation of this Agreement.
  12. You will not appear drunk/intoxicated on camera nor will you drink or take/use any mind altering substances.
  13. You will not post or stream any “goatse” or bukkake” nor will you insert into yourself or any other person any unusual or very large object which shall include, by way of example only, a broom handle or animal dildo.
  14. You will not discuss, depict or suggest to depict incest regardless of the age of the participants.

You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.


Member’s Obligation to Comply with 18 U.S.C. 2257


You should be aware that, pursuant to federal law, any visual depictions that you upload to and/or stream through the Platform that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.


Compensated Independent Broadcaster


The Platform contains an option for users to give Credits to other users and for certain users to receive such Credits. Users who are capable of receiving Credits are known as “Compensated Independent Performers”. In order to become a Compensated Independent Broadcaster, a user must provide certain age verification documentation. In the event that a Compensated Independent Broadcaster is terminated from using the Platform due to a breach or suspected breach of this Agreement, including providing false documentation to Platform, in addition to our rights under this Agreement any and all Credits in the Compensated Independent Broadcaster’s account will be deemed forfeited to the Platform as partial compensation to the Platform for investigating and/or identifying the actual or alleged breach. In addition to providing certain age verification documentation, all Compensated Independent Broadcasters will be subject to our payment terms and conditions which will be made available to all interested users during the process of changing the user’s account status. Compensated Independent Broadcasters are not employees of the Platform and the Platform does not and will not undertake any duty to supervise any Compensated Independent Broadcaster’s activity through the Platform at any time.


Information You Share


You are solely responsible for any information you share with any user either through the Platform or otherwise and you specifically acknowledge that any information you share with another user should be considered public information. We have no control and take no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user you believe to be responsible.


Off Platform Interactions and Meetings


The Platform is not intended as a dating or any other type of service which would result in any users meeting each other in the real world. Please always keep in mind that anyone capable of using the internet is capable of providing you with false information. We advise you to exercise caution in all communications as mentioned above and assume all information shared by you is public. Further, we caution you against providing any payment information or any funds to any user of the Platform other than through our secure payment system and we shall have no responsibility for any such conduct. Should you for any reason determine to meet in person with one of more users of the Platform we ask you to exercise caution and consider the following points:


  1. Anyone who is able to commit identity theft can also falsify a Platform profile;
  2. There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
  3. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your Platform profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and
  4. If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.

Privacy and Use of Information By Us


As more fully set forth in our Privacy Statement, we will not resell your personal information to any third party.


Your Representations and Warranties


By using the Platform, you represent and warrant the truth and accuracy of each of the following:


  1. All images and content uploaded and/or streamed through the Platform are your own and you own all the necessary rights to comply with this Agreement and to distribute such images and content.
  2. You understand that the Platform contains and/or streams explicit erotic content in text, image, video and through sound. You acknowledge that you willingly and freely wish to gain access to all such content.
  3. You are familiar to the laws and community standards applicable to you and your access to and/or use of the Platform will not violate any such laws or community standards.
  4. You acknowledge that all content streamed and/or hosted through our servers is done so by us at the request and direction of users of the Platform.
  5. You understand that by making the Platform available we are not directing and will never direct any user to upload and/or stream any content of any particular nature including any content which may infringe upon the rights of any third party.
  6. You understand that any review of any content uploaded to the Platform, either before or after such content is viewed by either users, shall only be cursory in nature to identify any obvious violations of this Agreement and that it is your sole responsibility to confirm that you are complying with this Agreement and not violating the right(s) of any third party.

Video and Image Purchases


In addition to streaming capabilities, the Platform offers the ability for Compensated Independent Broadcasters to post videos and/or images. The Compensated Independent Broadcaster determines which content is available for purchase by other users and the the Compensated Independent Broadcaster sets the purchase price. You acknowledge that any purchase by you of any such video(s) and/or image(s) (the “Purchased Content”) is at your own risk and the Platform makes no representations about the legality, suitability, enjoyability or any other quality of any such Purchased Content. You hereby release the Platform, its directors, shareholders, attorneys, affiliates, successors, assigns, officers, employees and agents from any and all claims arising out of or in any way related to the Purchased Content.


Waiver of Claims


You acknowledge that you cannot bring legal action against the us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform.


Copyright Claims


Because we respect the intellectual property rights of third parties, each user represents and warrants to us that all content shared and/or streamed through their account is the user’s own content. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform’s Designated Copyright Agent the following information:


(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;


(b) description of the copyrighted work or other intellectual property that you claim has been infringed;


(c) a description of where the material that you claim is infringing is located on the Site;


(d) your address, telephone number, and email address;


(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


You may send your Notice of Claimed Infringement to:


Lawrence G. Walters


195 W Pine Ave


Longwood, FL 32750


Phone: (407) 975-9150


Fax: (407) 774-6151


Notice[at]DMCANotice[dot]com


Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).


DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.


SEND ALL OTHER INQUIRIES TO: abuse@camsoda.com. Please do not send other inquires or information to our Designated Agent.


Notification and Take Down Procedures


Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.


DMCA Counter-Notification Procedure


Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the “Uploader”) of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.


To submit a counter-notification, please provide our designated DMCA agent the following information:


a. A specific description of the material that was removed or disabled pursuant to the Notice.


b. A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.


c. A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Platform provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.


The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:


Lawrence G. Walters


195 W. Pine Ave.


Longwood, FL 32750-4104


Fax: (407) 774-6151


notice[at]DMCANotice[dot]com


DO NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL OTHER INQUIRIES TO: abuse@camsoda.com


We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.


Proprietary Information


The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.


No Account Sharing


Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user’s account with anyone else. You are responsible for all usage, activity, purchases and Credits usage on the Platform. All accounts and Credits purchased are non-transferable.


Charges


You may purchase Credits using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Credits you will be provided with a variety of purchaseoptions which may include discounts for higher purchases of Credits. Please note that other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Credits through the Platform, you have no right or title in or to any such Credit. We reserve the right to manage, regulate, control, modify and/or eliminate such Credits as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Credits may not be transferred without our prior, explicit written authorization for such transfer. Except as expressly provided otherwise herein, Credits may not be used for any “real-world” purpose including, by way of example only, trade or sale. You agree that all purchases of Credits are “final sale” and no refund will be given in the event either you or we terminate your account. In the event that you make any Credits purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.


Export Control


The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.


Indemnity


You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.


No Warranties


The Platform is distributed and made available on an "as is" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


Billing Errors


If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.


Binding Agreement


By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.


NO WARRANTIES, LIMITATION OF LIABILITY


YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.


Severability


If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.


Arbitration


Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.


This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Miami-Dade County, Florida, exclusively, unless otherwise agreed to by the parties in writing.


Cancellation By User


You may cancel your membership at any time by visiting abuse@camsoda.com or emailing us at abuse@camsoda.com.


Termination by Us


We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.


Effect of Termination or Cancellation


In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.