BY USING THIS WEB SITE YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. ACCEPTANCE OF TERMS
2. THE SERVICE
In order to use the Service you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. PERSONAL AND NON-COMMERCIAL USE ONLY
Unless otherwise specified, the Cam-Trax web site is for your personal and non-commercial use only. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
4. YOUR REGISTRATION OBLIGATIONS
If you submit registration information to us you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cam-Trax has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cam-Trax has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register for certain Services you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Cam-Trax of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cam-Trax will not be liable for any loss or damage arising from your failure to comply with your obligation to maintain your own security and privacy.
7. RESPONSIBILITY FOR CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person who provided such Content. This means that you, and not Cam-Trax, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. Cam-Trax does not pre-screen or monitor or control the Content accessible via the Service and, as such, does not guarantee the accuracy, integrity, quality or lawfulness of such Content.
You understand that by using the Service you may be exposed to third party Content that is offensive, indecent, objectionable or even hateful or obscene. Under no circumstances will Cam-Trax be liable in any way for any third party Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
8. RULES OF CONDUCT
You agree to use the Service only to upload material that is proper and lawful (such use, including without limitation the following specific examples, will be referred to as "Rules of Conduct"). By way of example, and not as a limitation, you agree that you will not:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically inciteful;
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including without limitation inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. In order to protect our users from such malicious files Cam-Trax does not allow anyone to upload executable files, including .exe or .bat files, or archives, including .zip and .rap files.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- harm or attempt to harm minors in any way, or "stalk" or otherwise harass another;
- collect or store personal data about other users or harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Failure to comply with the Rules of Conduct may result in deletion of the offending content without prior notice and/or termination of your use of the Service.
9. REMOVAL AND PRESERVATION OF CONTENT
10. COMPLIANCE WITH LAWS
By using the Service you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and to comply with any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.
11. RIGHTS TO CONTENT
Cam-Trax does not claim ownership of the materials you post, upload, input or submit to any Cam-Trax Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you grant Cam-Trax the rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission in connection with the Service, and grant other users of the Service the right to use your Submissions in connection with the Service, and for Cam-Trax to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. Cam-Trax is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cam-Trax's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Access to and use of our Service is currently free of charge.
14. USE AND STORAGE
You acknowledge that Cam-Trax may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service. You agree that Cam-Trax has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Cam-Trax reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Cam-Trax reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15. MODIFICATIONS TO SERVICE
Cam-Trax reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cam-Trax will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. LINKS, SEARCH ENGINES
The Service may provide, or third parties may provide, links to other World Wide web sites or resources ("Linked Sites"). The Linked Sites are not under the control of Cam-Trax and Cam-Trax is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cam-Trax is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Cam-Trax of the site or any association with its operators. You acknowledge and agree that Cam-Trax will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You understand and acknowledge that any Contents you post, upload input or provide in connection with the Service may be accessible and made public through search engines, meta-search tools, crawlers, meta-crawlers and other similar tools ("Search Engines"). Cam-Trax is not responsible for the presence or activity of any such Search Engines and will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the actions of such Search Engines.
18. PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any know-how, methodologies, equipment, or processes used by Cam-Trax to provide the Service, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of Cam-Trax. Except as expressly authorized by Cam-Trax, you may not copy, modify, rent, lease, loan, sell, distribute, or create derivative works of the Service or its Contents, in whole or in part.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. CAM-TRAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CAM-TRAX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN CONNECTION WITH THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAM-TRAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, TIME, MONEY OR OTHER LOSSES (EVEN IF CAM-TRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
22. CAM-TRAX SOFTWARE
Software (if any) that is made available to download from the Cam-Trax web site, excluding software that may be made available by end users ("Software"), is the copyrighted work of Cam-Trax and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
All Software is owned by Cam-Trax and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
23. CAM-TRAX MARKS
"Cam-Trax" and other Cam-Trax logos and product and service names are trademarks of Cam-Trax (the "Cam-Trax Marks"). Without Cam-Trax's prior permission, you agree not to display or use in any manner the Cam-Trax Marks.
25. GENERAL INFORMATION
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
In the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Cam-Trax's assets, or similar transaction, you agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Cam-Trax, at our sole discretion, to one or more third parties.
Cam-Trax's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cam-Trax's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Cam-Trax web site or information provided to or gathered by Cam-Trax with respect to such use.