TermOfUse
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:
- 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.
- 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
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:
- 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 �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 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
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.