End user agreement for Camfrog Video Chat
CAMFROG TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT EXPLAINS HOW YOU MAY USE THE CAMFROG SOFTWARE AND WEB SERVICES INSTALLED BY THIS INSTALLER PROGRAM. BY CLICKING ON THE "I ACCEPT" BUTTON IN THIS INSTALLER PROGRAM, YOU GIVE YOUR PERMISSION AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS LISTED BELOW, AND YOU WILL THEN BE ALLOWED TO USE THE CAMFROG SOFTWARE AND WEB SERVICES ONLY IF YOU AGREE TO THESE CONDITIONS. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, CAMFROG WHICH IS OWNED BY CAMSHARE LC DOES NOT GRANT YOU PERMISSION TO USE THIS SOFTWARE OR ANY CAMSHARE LC RELATED WEB SERVICES OF ANY KIND.
CLICK ON THE CANCEL BUTTON IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS LISTED BELOW.
PART I: SOFTWARE LICENSE AGREEMENT
A. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
2. License Agreement.
A. By accepting the terms of this agreement you agree that you are 18 years of age or older. You understand that this software is owned by the licensor Camshare LC. All rights not granted to you are automatically granted to the licensor Camshare LC.
B. You are granted a license that says you may install and use this software on one personal computer. This license is in effect until one of the parties terminates the license. You may terminate the license by no longer using the Camfrog software or web services. Camshare LC may terminate the license at any time for any reason. Camshare LC may change this software license agreement at any time. The license agreement may also be terminated if you violate any of the terms and conditions of this agreement.
C. Decompiling, disassembling, reverse engineering, modifying, renting, leasing, loaning, or creating any derivative works (as defined by the U.S. Copyright Act) is not allowed under any circumstances. You may not seek intellectual property protection on the Camfrog software or any Camfrog or Camshare LC web services.
D. You may not use the Camfrog software in any manner that is unlawful, or in any way which is not in agreement with this software license or the Camfrog terms of service.
E. You may not use the Camfrog in any serious or critical situation where lives or property may be at stake. You understand Camfrog is not made for such purposes and will not be liable for any damages that might occur. Camfrog should also not be used while engaging in any dangerous activity such as driving or operating heavy machinery. You understand that using Camfrog while doing a hazardous activity could cause death for you or others. Camshare LC is not responsible for any damages that could occur if you use Camfrog while doing an unsafe activity.
F. Camfrog may not be shipped or exported into any U.S. embargoed country.
G. You may not obtain income from the Camfrog software in a way which was not intended by Camshare LC. If you do Camshare LC will revoke your license immediately and Camshare LC will not be responsible for any damages that might occur due to this revoke.
H. You may not transfer your software license to another person or entity.
I. You may not make available or share any copyrighted material that doesn't belong to you. The burden to determine if the material is copyrighted rests with you.
J. You may not defame, slander, harass, use a false identity, or violate the rights of any third party by using Camfrog software or the Camfrog web services.
3. Camshare LC Ownership and Liability.
A. Camfrog software is owned by Camshare LC. Any legal action against Camfrog or Camshare LC must be taken against Camshare LC in McLennan County, Texas, United States of America. For no reason will Camshare LC be liable to you for more than $1.00 U.S. (collectively) in any event for any reason.
4. Relationship and Ownership of Parties.
Camfrog software is protected by trademarks, service marks, international treaties, copyright, and other proprietary laws of the U.S. and other countries. You agree to follow all proprietary laws that apply to your use of the Camfrog software. The Camfrog license gives you no rights, titles or any interests in any intellectual property owned by the licensor, and this license creates no relationship between the licensor and you other than that of licensor and licensee. Rights which are not granted to you through this license are automatically reserved by the licensor. You are not allowed to use Camfrog without the licensor's prior approval.
Camfrog may use certain software developed by third parties. This software allows Camfrog to do certain functions. All rights held by this third party software are reserved by the owner of the third party software and the owner of the third party software may enforce their rights against you directly in their own name.
You agree not to exploit, decompile, reverse engineer, or disassemble Camfrog or any of its components. Your license to use the software will be terminated if you violate these restrictions.
Camfrog may change from a free service to a pay service at any time and may change its pricing structure at any time in any way. Camfrog may discontinue its service at any time for any reason. Camfrog may charge for any support. Camfrog may limit software features or access to certain parts of the Camfrog website with no warning or notice and with no liability. Camfrog may stop service either temporarily or finally any time for any reason with no warning or notice and with no liability.
Camfrog may deactivate accounts and release to the public any accounts that are inactive for an extended period of time.
5. Payments and Fees.
Camshare LC has the right to charge any fees for access to Camfrog software or any Camfrog web services. You are in charge of maintaining all hardware and software needed to access the Camfrog software and web services and you are responsible for any charges these services may need to function. You agree to pay any services you sign up for through Camfrog on time and you agree not to act in any way that could be viewed as fraudulent. You shall pay all applicable taxes yourself which may be incurred due to your location.
You must be 18 or older to be a Camfrog affiliate and Camshare LC might change affiliate programs at any time or stop the affiliate program for any reason. You may not use obscenity or any illegal content to make money with the Camfrog affiliate program.
If you are a Camfrog Pro paying member you may cancel any time by visiting the Camfrog.com website, then clicking on the "contact" link. In the event that your account is terminated no refund or credits will be given to you.
6. Limitation of Liability
CAMSHARE LC AND ITS OFFICERS IS AND WILL NOT EVER BE LIABLE TO YOU FOR ANY CLAIM OR CLAIMS OF ANY KIND CAUSED BY THE USE OF THE CAMFROG SOFTWARE OR CAMFROG WEB SERVICES. CAMSHARE LC WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS OF ANY KIND BASED ON ANY LEGAL THEORY OF ANY KIND. CAMSHARE LC IS NOT LIABLE TOYOU FOR DIRECT DAMAGES OF ANY KIND THAT COULD BE IN CONNECTION WITH ANY THIRD PARTY SOFTWARE USED WITH CAMFROG, ANY INFORMATION OR DATA ACCESSED THROUGH THE CAMFROG SOFTWARE OR ACCESS TO OR INABILITY TO ACCESS THE CAMFROG SOFTWARE OR SERVERS. ANY INFORMATION SUPPLIED BY OTHER CAMFROG USERS OR THE CAMFROG SERVERS COULD BE DELAYED, INACCURATE, IN ERROR, OR CONTAIN OMMISSIONS FOR WHICH CAMSHARE LC WILL NOT HAVE ANY LIABILITY. CAMSHARE LC'S DIRECT DAMAGES LIABILITY TO YOU WILL NOT EXCEED (COLLECTIVELY) $1.00 U.S. IN ANY EVENT FOR ANY REASON.
7. Disclaimer of Warranties by licensor.
THIS SOFTWARE AND THE INCLUDED WEB SERVICES ARE PROVIDED 'AS-IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN NO EVENT WITH THE AUTHORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SOFTWARE. IF CAMFROG SOFTWARE OR WEB SERVICES OR ANY DATA COLLECTED FROM THIS SOFTWARE OR SERVICES PROVE TO BE DEFECTIVE YOU ASSUME THE ENTIRE COST FOR THE REPAIR TO THE CAMFROG SOFTWARE OR YOUR COMPUTER SYSTEMS OR ANY INJURY OR PROBLEM OF ANY KIND. YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF CAMFROG SOFTWARE OR WEB SERVICES CAUSING DAMAGES OR DEFECTS AND CAMSHARE LC AND ITS OFFICERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY DAMAGES OR DEFECTS IN ANY WAY FOR ANY REASON. CAMFROG HAS THE RIGHT TO CHANGE ITS SERVICES OR FEATURES IN ANY WAY AND DELETE ANY DATA FOR ITS SERVERS ANY TIME FOR ANY REASON.
8. Controlling Law.
This Software License Agreement shall be governed by the laws of the United States (as applied by federal courts sitting in the State of Texas) and of the State of Texas, except conflict of law rules. You consent to exclusive jurisdiction and venue in McLennan County, Texas and waive the defense of forum non conveniens. The United Nations Convention on the International Sale of Goods shall not apply to this Software License Agreement.
You agree to indemnify and hold Camshare LC harmless from any claim or demand including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Camfrog Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
10. No Waiver.
If the licensor fails to exercise any of its rights under this agreement for any reason it will not constitute a waiver of such or any rights in this agreement.
If a U.S. court finds any part of this license agreement unenforceable then the remainder of the agreement will continue intact and in full force and effect.
PART 2: CAMFROG USERS TERMS OF SERVICE
Camfrog offers an innovative Internet communications service which allows you to see, hear, and chat with people all over the world. We at Camfrog want to make sure this a great place for users to have fun and interact using this new technology. With any communications system it's important that everyone abide by some basic rules to make sure the service continues to be a fun place for people to participate. These rules and regulations are the Camfrog terms of service.
Please remember that the information, photos, and content in this Camfrog video chat directory are provided by individuals and/or entities unrelated to Camfrog. Please use discretion and monitoring when appropriate. We do not monitor or supervise the use of this directory or service, and we are not responsible for the actions of other persons or entities. Please be cautious when accepting messages, video calls, or sending messages, or making video calls to people you don't know. Not everyone in the directory is who he or she claims to be, and not everyone has the intentions stated in their Camfrog profiles, or video chat rooms. You are using Camfrog video chat software at your own risk. Please use good judgment when using the Camfrog video chat software and follow the terms of service rules.
Any users who we believe are breaking the Camfrog terms of service or software license will have their accounts frozen or revoked with no notice from Camfrog. Camfrog reserves the right to cancel any account for any reason at any time. If your account is cancelled for violating the terms of service you are not eligible for and will not be given a refund of any kind.
Terms of Service Rules
1. You may not harm minors in any way. Use of the Camfrog software or services to harm minors in any way is not allowed.
2. You may not use Camfrog for illegal purposes. Camfrog software and web services may not be used for illegal purposes or support illegal activities. Camfrog reserves the right to cooperate with legal authorities, or any injured third parties in the investigation of any criminal or civil illegal activity.
3. You may not make threats. Making threats against others or encouraging bodily harm or destruction of property is forbidden. Camfrog reserves the right to remove user-created profiles and video chat rooms that advocate or encourage expressions of violence, bigotry, racism, hatred, obscenity, or profanity.
4. Obscene photos and profiles are not allowed. The photo your take with your webcam in your Camfrog settings and during the Camfrog setup will appear in our public webcam directory. Camfrog reserves the right to remove or disable any profiles or video chat rooms that are obscene or contain nudity.
5. Impersonating a Camfrog employee is forbidden. Camfrog employees will never ask you for your logon, password, or credit card.
6. Do not use Camfrog web services or Camfrog software to spam others. Spam includes sending many identical unsolicited messages to others, or creating Camfrog profiles in order to send traffic to a specific website or affiliate program. If Camfrog feels you may be spamming your account will be disabled with no notice.
7. No copyright or trademark infringement is allowed. You may not upload or transmit any material that may infringe on any copyright, trademark, patent, or any proprietary rights of any party. To report trademark or copyright infringement please visit our contact page which can be found from http://www.camfrog.com under the link "contact."
8. You may not access unauthorized Camfrog accounts and services. You may not attempt to logon to accounts which are not yours.
9. You may not use the Camfrog software or web services to collect or attempt to collect personal information about third parties without their knowledge or consent.
10. You may not deal in fraud. You may not knowingly mislead others with the intent that the other party will act on it.
11. You may not share your logon and password with others so they can access your account.
12. You may not act in a way that impedes others from communicating with others through video chat rooms, our Camfrog directories, or with the Camfrog software.
13. You may not interfere with or disrupt the Camfrog servers or services.
14. You acknowledge that Camfrog does not prescreen user profiles or video chat rooms and we have no control over their content or availability. Viewing Camfrog profiles is done at your own risk.
15. You may not use software other than the Camfrog software to connect to the Camfrog video chat network.
16. You may not use the Camfrog software, network or services to transmit viruses or malicious programs.
17. You may not share your Camfrog Pro serial numbers with others. Please keep your serial number private. Only one person can be logged on to the Camfrog network at a time using one serial number. If more than one person tries to use the same serial number at the same time you will both be disconnected from the Camfrog service. If you share your serial number with others and this sharing causes you to be constantly disconnected from the Camfrog network Camfrog can't and won't reissue you another serial number.
18. You may not use the Camfrog website or web services to damage the reputation of Camfrog, Camfrog employees, or any Camfrog officers.
Please report any violations of these rules by visiting our contact page which can be accessed at http://www.camfrog.com and clicking on "contact." We hope you will enjoy using the Camfrog video chat software and services.