We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your OurCam account.
The language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don't ruin the fun for everyone else. Your part in that is simple. Just use common sense—keep sending awesome photos to your friends, and please don't send photos that they don't want to receive.
OurCam is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating OurCam accounts.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one OurCam account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others. You agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and that OurCam is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to OurCam, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
You agree that any feedback, suggestions, ideas or other information or materials regarding OurCam or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of OurCam. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "OurCam Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of OurCam Content may violate such laws and these Terms. Except as expressly provided in these Terms, OurCam does not grant any express or implied rights to use OurCam Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, OurCam Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and OurCam Content. This license is revocable at any time. This license is subject to these Terms and does not include:
In addition to the other restrictions outlined in these Terms, you agree that you will not:
After opening a OurCam account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
When you first create a OurCam account, we ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees may apply for mobile number verification.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
OurCam respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with the following information to customer support:
THE SERVICES AND THE OURCAM CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE OURCAM ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
By agreeing to these Terms you agree to indemnify, defend and hold harmless OurCam, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "OurCam Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
Except where prohibited by law, in no event will OurCam or the OurCam Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if OurCam has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against OurCam for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, OurCam is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, OurCam's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OURCAM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and OurCam agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and OurCam are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and OurCam agree (a) that any arbitration will occur in Hong Kong SAR; (b) that courts of Hong Kong SAR have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
A lawsuit, if any, by you or OurCam against the other will occur in court in Hong Kong SAR. You and OurCam agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and OurCam will be governed by these Terms and the laws of Hong Kong SAR, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and OurCam.
OurCam welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://ourcam.co/support.