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terms_of_service
Welcome to our site. We maintain this web site as a service to
our customers. By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms carefully. If
you do not agree to these terms, you should not review information or obtain
goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to using
the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
3. Trademarks MyGlobalCam, CamServer, and others are either
trademarks or registered trademarks of MyGlobalCam, Inc.. Other product and
company names mentioned on the Site may be trademarks of their respective
owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use
solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information or
documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY
GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy
Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and Merchants. You
agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR.OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will apply
to you while on such sites. We are not responsible for information provided by
you to Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on behalf of the
other.
12. Privacy Policy. Our Privacy Policy, as it may change from
time to time, is contained in its own document. You can view that policy here.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges incurred by you
at the posted prices, including any applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are intended
to identify forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an offer for
sale of any securities. None of the information contained herein is intended to
be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites, you do so
at your own risk.
16. Copyrights and Copryright Agents. We respect the
intellectual property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide our 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 interest;
(b) A description of the copyrighted work 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
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is Jason Thibeault who can be reached as follows:
By mail:
TBD
By email:
TBD
17. Refund Policy. If the MyGlobalCam service proves to be
defective or not to your reasonable satisfaction, you can request a pro-rated
refund for the amount of service left in your monthly billing service. You can
request this refund by emailing TBD. This Section 17 sets forth your sole and
exclusive right to refund and return.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information was believed to
be accurate as of the date prepared, we disclaim any duty or obligation to
update this information or any press releases. Information about companies
other than ours contained in the press release or otherwise, should not be
relied upon as being provided or endorsed by us.
19. Miscellaneous. This Agreement shall be treated as though
it were executed and performed in Virginia and shall be governed by and
construed in accordance with the laws of the State of Virginia (without regard
to conflict of law principles). Any cause of action by you with respect to the
Site (and/or any information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 8 and Section 10. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Virginia. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of process. Should any
part of this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
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