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User Terms

This Terms of Use was last updated on February 1, 2016.

Welcome To Kamcord!

Kamcord Inc. ("Kamcord," "we," "us," and/or "our") provides its website located at kamcord.com (the "Site") and its Services related to the capture and distribution of mobile application and mobile game videos and live streams (such services and the Site, collectively, the "Service(s)"), subject to the following Terms of Use (as amended from time to time, these "Terms of Use"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located here and our Community Standards located below. Such terms are hereby incorporated by reference into these Terms of Use.

Kamcord Community Standards

Kamcord is a fun, welcoming community for mobile streamers. To help keep it that way, please respect these Community Standards:

-Respect the video creator, other community members, and the Kamcord community as a whole. You are solely responsible for all content and comments that you post to Kamcord. The following are not welcome in our community and can result in action against your accounts:

  • Spamming
  • Harassment, bullying, and threats of violence
  • Discrimination
  • Hate speech
  • Excessive vulgarity/profanity
  • Sexually explicit language/links/content
  • Maliciously impersonating others
  • Infringing content

-When streaming, remember Kamcord is a welcoming community focused on mobile content.

  • If it's on your phone/tablet, you can stream it.
  • PC/desktop and console content is not appropriate for Kamcord. No work arounds for this are accepted.
  • Overtly sexual attire and outright nudity are both unacceptable for Kamcord streamers.
  • Kamcord highly values original content. We reserve the right to end any stream rebroadcasting third party content without creative or interactive elements added by the streamer.

-Kamcord respects the intellectual property rights of others. Only stream videos that you have the right to stream. Do not stream videos that use content covered by the intellectual property rights of others (e.g., music tracks, any part of copyrighted programs, videos or streams made by other users, etc.), without the necessary permissions.

  • Kamcord will process notices of alleged copyright infringement in accordance with the terms and procedures outlined in the DMCA. For more information on how to submit to Kamcord a notice of copyright infringement, or how to dispute such a notice, please see the Kamcord Terms of Use located at https://www.kamcord.com/tos/

-Content found in violation of Kamcord's ToS or these Community Guidelines may be taken down at our discretion and can result in further action against your account(s).

-While watching live streams, be respectful of the streamer and others in the community.

  • Intentionally disrupting the stream (including spamming) or engaging in personal attacks is not acceptable.
  • Don't promote yourself or another streamer during someone else's stream without their permission.
  • Comments found in violation of Kamcord's
  • ToS or these Community Guidelines may be removed at our sole discretion and can result in further action against your accounts.

If you have any questions about these guidelines or a particular case, email community@kamcord.com

THIS TERMS OF USE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KAMCORD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The Service

Your Registration Obligations: You may be required to register with Kamcord in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Kamcord of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Kamcord will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Kamcord reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kamcord shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, including that Kamcord is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Services or for Virtual Items previously purchased.

Third Party Services: Kamcord may, in its discretion, enable certain functionality that allows you to register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Kamcord experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Kamcord shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Kamcord is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Kamcord is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Kamcord enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Software: The technology and software underlying or related to the Service is the property of Kamcord, our affiliates and our partners (the "Software"). You will not, directly or indirectly:

  • sublicense, sell, assign, distribute, make any commercial use of, use on a timeshare or service bureau, or otherwise generate income from, the Software;
  • cause or permit the decompiling, disassembly, or reverse engineering of any portion of the Software, or attempt to discover or permit the discovery of any source code or other operational mechanisms of the Software;
  • modify or create derivative works of any part of the Software;
  • modify any proprietary rights notices, logos, trademarks or other branding which appear in the Software or user interface thereof;
  • interfere or attempt to interfere in any manner with the functionality or proper working of the Software; or
  • use any Software in violation of any applicable laws and regulations (including any export laws, restrictions, national security controls and regulations).

Kamcord Videos: Certain functionality of the Services and Software allows you to capture and share mobile gameplay or mobile application use videos and live streams (any such videos, including all audio content contained therein or otherwise provided in connection therewith, the "Kamcord Videos"). To the extent Kamcord does not already possess such rights, you hereby grant to Kamcord a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicenseable (through multiple tiers) right and license to distribute, use, copy, modify, make derivative works of, display, perform, monetize, commercialize and otherwise fully exploit Kamcord Videos in any manner in Kamcord's sole discretion. Kamcord has no obligation to make any Kamcord Videos available and may take down any Kamcord Videos at any time for any reason.

Virtual Items

Through the Services, you may "buy" or "purchase" (a) virtual currency, such as gems, all for use in the Services; or (b) virtual in-Service items, such as stars (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Virtual Items. The purchase and sale of the limited license to use the Virtual Items is a completed transaction upon receipt of your direct payment or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Kamcord prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.

You may gift certain Virtual Items to a Kamcord Video creator (“Creator”) on the Services, and such gifted Virtual Items may, but will not necessarily, appear in the chat feed of the Kamcord Video you are viewing. Virtual Items gifted to Creators may result in some revenue to such Creators; however, Kamcord makes no guarantee that the amount or value of the Virtual Items you may gift a Creator will correlate to the revenue such performer may receive from Kamcord.

If you are a Creator, you will not engage in any fraudulent or other inappropriate behavior in order to encourage users to gift Virtual Items to you. Kamcord reserves the right to determine in its sole discretion if you have committed any inappropriate act or omission in order to generate gifts of Virtual Items and may withhold any revenue resulting from such acts or omissions.

Conditions of Use

User Conduct: You understand that all videos, live streams, sound, music, graphics, information, data, text, software, photographs, messages or other materials ("content"), including Kamcord Videos, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Kamcord, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities that you facilitate via the Service.

User Content Posted on the Site or the Service: By posting or otherwise making available any content on or through the Service ("User Content"), you hereby grant Kamcord a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicenseable (through multiple tiers) right and license to use, copy, display, transmit, perform, distribute, store, modify and otherwise fully exploit your User Content (other than Kamcord Videos, which are covered above) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

Fees and Payment

Fees:To the extent the Services or any portion thereof is made available for any fee, or if you elect to make a monetary donation to a Creator, you will be required to provide Kamcord information regarding your credit card or other payment instrument. You represent and warrant to Kamcord that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay all fees and applicable taxes incurred, or donations made by you or anyone using your account. You are responsible for any activity in your account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or virtual currency). If you dispute any charges you must let Kamcord know within sixty (60) days after the date that Kamcord charges you. We reserve the right to change Kamcord’s prices. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Kamcord’s net income, including that, if you are a Creator, you are responsible for payment of all taxes associated with the receipt of donations from other users or other revenue in relation to the Services. YOU ACKNOWLEDGE THAT KAMCORD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON (WHETHER FOR PURCHASES OF VIRTUAL ITEMS, DONATIONS OR ANYTHING ELSE), AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Virtual Items:As noted above, through the Services you may purchase, with "real world" money, a limited license to use Virtual Items. PURCHASES TO ACQUIRE A LIMITED LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE. You can license Virtual Items by visiting the purchase page in the Services, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a limited license to Virtual Items from our Services, we may send you a confirmatory e-mail that will contain details of the Virtual Items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Kamcord keeps records of transactions in order to deal with any subsequent queries.

For Virtual Items, your order will represent an offer to us to purchase a limited license for the relevant service(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our Services or debit your credit card or payment instrument, whichever comes first.

Your limited license to Virtual Items for use in the Services is a service provided by Kamcord that commences upon acceptance by Kamcord of your purchase. By ordering a limited license to use Virtual Items you agree and accept that Kamcord will provide it to you immediately following completion of your purchase. Therefore, if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU's Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

Suggestions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Software ("Submissions") provided by you to Kamcord are non-confidential and Kamcord shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any content on the Service or any portion of the Service, any Virtual Items, use of the Service or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

Other Prohibited Conduct: You will not use the Services or Software in any manner (whether in connection with Kamcord Videos or otherwise) that promotes or distributes sexually explicit materials, promotes or distributes violent materials, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotes illegal activities, or infringes or contributes to the infringement of intellectual property or other legally protectable rights or violate any applicable laws.

Intellectual Property Rights

Service Content and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Kamcord, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, including the Kamcord Videos. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited.

The Kamcord name and logo are trademarks and service marks of Kamcord (collectively, the "Kamcord Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kamcord. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Kamcord Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Kamcord Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Kamcord be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Kamcord does not pre-screen content, but that Kamcord and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

Digital Millenium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content available through the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kamcord's designated Copyright Agent to receive notifications of claimed infringement is:

You acknowledge that if you fail to comply with all of the above requirements in this section, your DMCA notice may not be valid.

Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Kamcord may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Kamcord's sole discretion.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Kamcord has no control over such sites and resources and Kamcord is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Kamcord shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties while using the Service are between you and the third party, and you agree that Kamcord is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Kamcord and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAMCORD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

KAMCORD MAKES NO WARRANTY THAT (I) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAMCORD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KAMCORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR SOFTWARE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE. IN NO EVENT SHALL KAMCORD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KAMCORD IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Kamcord, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Services, any advertising or any aspect of the relationship or transactions between you and Kamcord, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Kamcord are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND KAMCORD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KAMCORD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

c. Pre-Arbitration Dispute Resolution

Kamcord is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@kamcord. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Kamcord should be sent to Kamcord, Inc., 301 Howard Street, Suite 910, San Francisco, CA 94105, Attn: Matthew Zitzmann (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Kamcord and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Kamcord may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Kamcord or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kamcord is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Kamcord and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Kamcord agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $10,000 or less, at your request, Kamcord will pay all Arbitration Fees. If the value of relief sought is more than $10,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Kamcord will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kamcord will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

Without limiting the severability provision in the section titled “General” below, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than paragraph b. above (Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of such paragraph b. above is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Use will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Use to the contrary, Kamcord agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Kamcord written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.

Termination

You agree that Kamcord, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if Kamcord believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. Kamcord may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Kamcord may immediately deactivate or delete your account. Further, you agree that Kamcord shall not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user, developer or other third party in connection with the Service, and Kamcord will have no liability or responsibility with respect thereto. Kamcord reserves the right, but has no obligation, to become involved in any way with disputes between you and any third party in connection with the Service.

General

These Terms of Use constitute the entire agreement between you and Kamcord and govern your use of the Service, superseding any prior agreements between you and Kamcord with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Kamcord agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Kamcord to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Kamcord, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Service.