The following terms and conditions govern all use of the cam.ly website and all content, services and products available at or through the website, including, but not limited to, the cam.ly video streaming and hosting service (“Service”), (taken together, the Website). The Website is owned and operated by Camm Security, Inc. (“Camm Security”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Camm Security’s Privacy Policy ) and procedures that may be published from time to time on this Site by Camm Security (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. Camm Security reserves the right to change the terms and conditions of this agreement at any time and without notice. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Camm Security, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your cam.ly Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and video streaming/hosting service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the video streaming/hosting service. You must immediately notify Camm Security of any unauthorized uses of your video streaming/hosting service, your account or any other breaches of security. Camm Security will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Users. If you operate a video streaming/hosting service, share the video streaming/hosting material or service, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, streaming video, achrived video, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Camm Security or otherwise.

   By submitting Content to Camm Security for inclusion on your Website, you grant Camm Security a world-wide, royalty-free, and non-exclusive license to reproduce, modify, and adapt the Content solely for the purpose of displaying and distributing your video to parties who gain access to your account. If you delete Content, Camm Security will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Camm Security has the right (though not the obligation) to, in Camm Security’s sole discretion (i) refuse or remove any content that, in Camm Security’s reasonable opinion, violates any Camm Security policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Camm Security’s sole discretion. Camm Security will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. Optional premium paid services such as video hosting, and extra streaming are available on the Website. By selecting a premium service you agree to pay Camm Security the monthly or annual subscription fees indicated for that service (the payment terms for video hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
4. Services.
   • Fees; Payment. By signing up for a Services account you agree to pay Camm Security the setup fees and monthly hosting fees indicated at http://cam.ly/pricing/ in exchange for the services listed at http://cam.ly/service/ . Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. Camm Security reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Camm Security.
   • Support. Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Camm Security to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free cam.ly video streaming services. All Services support will be provided in accordance with Camm Security standard Services practices, procedures and policies.
5. Responsibility of Website Visitors. Camm Security has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Camm Security does not represent or imply that it endorses the material there posted or recieved, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Camm Security disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cam.ly links, and that link to cam.ly. Camm Security does not have any control over those non-cam.ly websites and webpages, and is not responsible for their contents or their use. By linking to a non-cam.ly website or webpage, Camm Security does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Camm Security disclaims any responsibility for any harm resulting from your use of non-cam.ly websites and webpages.
7. Copyright Infringement and DMCA Policy. As Camm Security asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on, hosted or streamed by cam.ly violates your copyright, you are encouraged to notify Camm Security in accordance with Camm Security’s Digital Millennium Copyright Act (“DMCA”) Policy . Camm Security will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Camm Security or others, Camm Security may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Camm Security will have no obligation to provide a refund of any amounts previously paid to Camm Security.
8. Intellectual Property. This Agreement does not transfer from Camm Security to you any Camm Security or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Camm Security. Camm Security, cam.ly, the cam.ly logo, and all other trademarks, service marks, graphics and logos used in connection with cam.ly, or the Website are trademarks or registered trademarks of Camm Security or Camm Security’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Camm Security or third-party trademarks.
9. Changes. Camm Security reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Camm Security may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   
10. Risks. Camm Security can not guarantee the protection of your content from unauthorized access, use, change, or release. Camm Security has made efforts to build a secure system, but you acknowledge and accept the risk to your content.
11. Termination. Camm Security may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cam.ly account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Camm Security if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Camm Security’s notice to you thereof; provided that, Camm Security can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
12. Disclaimer of Warranties. The Website is provided “as is”. Camm Security and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Camm Security nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Camm Security, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Camm Security under this agreement during the twelve (12) month period prior to the cause of action. Camm Security shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Camm Security Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless Camm Security, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Camm Security and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Camm Security, or by the posting by Camm Security of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Camm Security may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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