My.CAM - Conditions générales
By using the My.Cam services (hereinafter the “Services”), you agree to the terms and conditions contained in this Services Agreement. This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "You" or "Your," and MC Media a Monaco limited liability company (“MC Media”, "We", “Us” and “Our”).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Us, acceptance is expressly limited to these terms.
Use of our Services requires a My.Cam account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We 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.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Services link, and that link to our Services. MC Media does not have any control over those third party websites, and is not responsible for their contents or their use. By linking to a third party website, We do not represent or imply that it endorses such website. 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. We disclaim any responsibility for any harm resulting from your use of third party websites and webpages.
We reserve the right to serve advertising anywhere on our Services, including your My.Cam page, at any time in our sole discretion. We reserve the right to display attribution text or links in your site footer or toolbar, and the toolbar may not be altered or removed.
We may charge you for our Services, including applicable taxes. We may refuse or cancel orders.
You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to the Services, for whatever reason, is a material breach of this Agreement and is grounds for termination. You further agree that, upon a chargeback by You, You agree and acknowledge that we may suspend your access to any account You have with us and your use of any domain names, websites, website content, email, or other data hosted on Our systems. MC Media will reinstate Your rights solely at our discretion, and subject to our receipt of the fee owed and our then-current reinstatement fee, currently set at 250 Euro.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We do not provide refunds, except as required by law.
3. TERM OF SERVICE
You agree that the Services shall be provided for the term You selected through the Services Interface. Unless you terminate the Services THROUGH THE SERVICES INTERFACE prior to the end of the then extant Services term, You agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that any resulting fees shall be charged to the credit card or other payment method(s) associated with Your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that MC Media obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Services Interface. You agree that attempts to terminate the Services other than through the Services Interface (such as by sending an email to a general email address of Us) are not reliable means of communication and that such a termination attempt shall not be binding unless and until accepted and acknowledged by Us. In relation to renewals, You further agree that it is your obligation to keep the credit card information associated with Your account current and that MC Media shall not be obligated to contact You to update such information in the event that the charges are denied.
4. SERVICE RESTRICTIONS, MODIFICATIONS & PRICING
You acknowledge and understand that important service limitations (including bandwidth limitations and other capacity matrices), pricing (including pricing for optional Services), the term of the Services, payment terms, and other conditions relating to the Services are set forth on the My.Cam website and are hereby incorporated into this Agreement.
You represent and warrant that Your .cam domain name is in the format [FirstNameLastName.cam, e.g. JaneSmith.cam], and that you shall only use the domain name and Services for personal, non-commercial purposes.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
MC Media has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, MC Media does not represent or imply that it endorses the material there posted, 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. We disclaim any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of MC Media, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
MC Media reserves the right, in its sole discretion, to impose other restrictions on the use of the domain name and/or Services, to modify the Services or any features thereof, and to change the pricing of the Services or any features thereof, at any time. In such event, if You do not wish to accept such restrictions, modifications and/or pricing, then Your sole remedy is to terminate Your use of the Services.
We do not claim ownership of the information that you submit for your My.Cam account or through our Services. You must have the necessary rights to such information that you submit for your account or through our Services, and the right to grant the rights and licenses in our Terms.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. We reserve all rights not expressly granted by Us to You.
6. SUSPENSION AND/OR TERMINATION
Your use of the Services may be suspended and/or this Agreement may be terminated if MC Media determines that You are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by You and Us. In the event of termination or suspension of the Services under such circumstances, You agree a) that no pre-paid fees will be refunded to You, and b) that MC Media may take control of any domain name associated with the terminated Services. You understand that taking control of a domain name includes, without limitation, acts such as listing MC Media as the "registrant" and/or "administrative contact" for the domain name, controlling the DNS settings for the domain name, removing any content, and suspending, deleting and/or transferring the domain name.
MC Media may elect to terminate this Agreement without cause and discontinue the Services at any time upon written notice, whereupon any pre-paid fees (if any) for any unused portion of a service term shall be refunded to You within a reasonable period of time.
7. ADDITIONAL CIRCUMSTANCES FOR INTERRUPTION OF SERVICES
The Services is provided through an infrastructure which is shared by all users of the Services. Your use of the Services may be throttled or suspended indefinitely if your use of the Services degrades the ability of us to provide the Services to other users of the Services.
You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between You and MC Media. You acknowledge that it is your responsibility to maintain a valid email address and physical mailing address in Your contact information. You further agree that You will regularly login to Your account to obtain any notices posted through the Services Interface. You agree that your failure to respond to a communication from Us may result in suspension or cancellation of the Services and/or domain name without any refund of pre-paid fees, if any.
To report claims of third-party copyright, trademark, or other intellectual property infringement, please send detailed email to firstname.lastname@example.org. We may terminate Your account if you repeatedly infringe the intellectual property rights of others.
You acknowledge that MC Media is not obligated to return any data to You upon termination of this Agreement. You acknowledge that it is Your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide the Services and to do so within the bandwidth limitations of the Services. You acknowledge that any loss or corruption of data which occurs due to an interruption in the Services, regardless of the cause of the interruption, shall not be the responsibility of Us and that You may, following an interruption in the Services, be required to upload the data to the servers and other equipment which provide the Services.
We may use third parties to measure audience and usage of our Services. You agree to assign the traffic relating to your website to Us and authorize us to assign such traffic on your behalf for audience measurement reports. Your website’s traffic will be included under our Services. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or our affiliates require additional documentation to verify ownership of your website or domain name, then you agree to make reasonable efforts to accommodate such requests.
10. USE OF PERSONAL INFORMATION; AFFILIATES
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
11. YOUR REPRESENTATIONS
You represent and warrant as follows: that a) You are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on Your website by You and/or by the users of Your website (the “Content”); b) that Your website and Your use of the Services will not infringe the intellectual property rights of any third party; c) that Your website and Your use of the Services will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy; d) that neither You nor those who access Your website will upload any worms, virus, or malicious code to the servers which provide the Services; and e) that Your website and Your use of the Services will not subject MC Media to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which You may provide or offer through the website hosted through the Services.
You are entirely responsible for the content of, and any harm resulting from, any Content you submit to our Services, or from your conduct in using our Services. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Services, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to US for inclusion on our Services, you grant Us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Us to make publicly-posted content available to third parties selected by Us, so that these third parties can analyze, distribute, and publicly display Your Content through their services. You also give other My.Cam users permission to share your Content on other websites and add their own Content to it. If you delete Content, you acknowledge that caching or other references to the Content may not be deleted.
Without limiting any of those representations or warranties, MC Media has the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our sole discretion, violates any MC Media policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
You further represent and warrant that You will not allow any unauthorized third party to access the account which You use to access the Services. You are responsible for keeping your device and your account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
12. EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS
You agree that any unplanned or unannounced interruptions in any unpaid or prepaid Services shall not require a remedy unless you have prepaid for Service and such unplanned or unannounced interruptions exceed 24 hours in any 30 day period, in which case You agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that any such credit, in MC Media’s sole discretion, shall be applied against the fees owed for Your next period of hosting, if any, or shall be accomplished by adjusting the end of Your then-current Services term.
13. LIMITATION OF LIABILITY
MC MEDIA WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD OR NATURE; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND OUR CONTROL; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF US SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
15. DISCLAIMER OF WARRANTIES
MC MEDIA DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. GOVERNING LAW
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Monaco, as if the Agreement was a contract wholly entered into and wholly performed within Monaco. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the courts of Monaco. You (but not MC Media) consent to the personal and subject matter jurisdiction of any court in Monaco in relation to any dispute arising under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
17. CHANGES TO THIS AGREEMENT
Any amendment to or waiver of our Terms requires our express consent. If we fail to enforce any of our Terms, it will not be considered a waiver or amendment. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Furthermore, this Agreement may change over time, either through amendments by MC Media, changes to ICANN policy, applicable law or governmental authority, which may or may not be reflected in the text of this Agreement. Please review our Terms from time to time. Before any material changes to this Agreement become binding on You (other than changes resulting from ICANN policy or action, applicable law or governmental authority), MC Media will notify You of such changes by, for example, sending email to an address you have provided to Us. If, as a result of such a change, You no longer agree with the terms of this Agreement, then Your exclusive remedy is to cancel the Services. Your continued use of the Services following notification of a change in this Agreement indicates Your consent to the changes. Unless otherwise specified by Us, any such change binds You thirty (30) days after We notify You of the change, or immediately if such change is a result of an ICANN policy, applicable law or governmental authority.
My.CAM - 2018