Welcome To Kamcord!
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.
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.
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:
- Matthew Zitzmann
- 301 Howard Street, Suite 910
- San Francisco, CA 94105
- Email: email@example.com
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
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
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.
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.
h. Future Changes to Arbitration Agreement
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.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org