CamSurf Terms-of-Use Agreement
Last Updated: March 5, 2020
Notice Regarding Dispute Resolution: This agreements contains provisions that govern how claims you and we may have against each other are resolved (see Arbitration below), including an agreement and obligation to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the Arbitration provision in this agreement as it affects your rights under this agreement.
Acceptance of the Agreement
This terms-of-use agreement is entered into between you and EF Communications LLC, a Wyoming limited liability company (“Company,” “we,” or “us”). The following terms, together with any documents they expressly incorporate by reference (collectively, this “agreement”), govern your access to and use of the interactive chat and camera streaming service through the Company’s website located at Camsurf.com (the “Website”) and the Company’s mobile application (collectively, “Camsurf”), including any content, functionality, and services offered on or through Camsurf (the “Services”), whether as a guest or a registered user.
Please read this agreement carefully before you start to use Camsurf. By downloading the mobile application, accessing using the Website, making any use of the Service, or clicking to accept or agree to this agreement when this option is made available to you, you agree to be bound and abide by this agreement and our Acceptable Use Policy (“AUP”). If you do not want to agree to this agreement or the AUP, you must not access or use Camsurf.
Camsurf is offered and available to users who are 18-years old or older. By using Camsurf, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use Camsurf.
Changes to the Agreement
We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Camsurf afterwards. However, any changes to the dispute resolution provisions stated in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on Camsurf.
Your continued use of Camsurf after the posting of the revised agreement means that you agree to the changes. You are expected to check this webpage frequently so you are aware of any changes, as they are binding on you.
Accessing Camsurf and Account Security
We may withdraw or amend Camsurf, and any service or material we provide on Camsurf, in our sole discretion without notice. We will not be liable if for any reason any part of Camsurf is unavailable at any time or for any period. From time to time, we may restrict access to all or part of Camsurf to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to Camsurf.
Ensuring that all persons who access Camsurf through your Internet connection are aware of this agreement and comply with it.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and will not provide any other person with access to Camsurf or portions of it using your username, password, or other security information. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this agreement.
Camsurf and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use Camsurf for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Camsurf, except as follows:
Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download a single copy of the Camsurf mobile application to your mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are enabled by those features.
You must not:
Modify copies of any materials from Camsurf.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Camsurf.
You must not access or use for any commercial purposes any part of Camsurf or any services or materials available through Camsurf.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Camsurf in breach of this agreement, your right to use Camsurf will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to Camsurf or any content on Camsurf is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Camsurf not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
The Company name, the term CAMSURF, the Company logo, and all related names, logos, product and service names, designs, and slogans are service marks and trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s written permission. All other names, logos, product and service names, designs, and slogans on Camsurf are the service marks and trademarks of their respective owners.
You may use Camsurf only for lawful purposes and in accordance with this agreement. You must not use Camsurf:
In any way that violates any applicable federal, state, national, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Camsurf, or which, as determined by us, may harm the Company or users of Camsurf or expose them to liability.
Additionally, you must not:
Use Camsurf in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Camsurf, including their ability to engage in real time activities through Camsurf.
Use any robot, spider, or other automatic device, process, or means to access Camsurf for any purpose, including monitoring or copying any of the material on Camsurf.
Use any manual process to monitor or copy any of the material on Camsurf or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Camsurf.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Camsurf, the server on which Camsurf is stored, or any server, computer, or database connected to Camsurf.
Attack Camsurf via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the proper working of Camsurf.
Camsurf contains chat and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through Camsurf.
You state that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All your User Contributions do and will comply with this agreement.
You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other Camsurf user.
Monitoring and Enforcement; Termination
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that that User Contribution violates this agreement, including the Content Standards, violates the AUP, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of Camsurf or the public, or could create liability for the Company.
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of Camsurf.
Terminate or suspend your access to all or part of Camsurf for any or no reason, including any violation of this agreement or the AUP.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Camsurf. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on Camsurf and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards and those stated in the AUP apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, national, local, and international laws and regulations. User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through Camsurf is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to Camsurf, or by anyone who may be informed of any of its contents.
Camsurf includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Camsurf
We may update the content on Camsurf from time to time, but its content is not necessarily complete or up to date. Any of the material on Camsurf may be out of date at any given time, and we are not required to update that material.
Information About You and Your Visits to Camsurf
Recurring Billing. By starting your VIP membership and providing or designating a payment method, you authorize our authorized payment processor to charge you the VIP membership fee at the rate in effect when you originally signed up, and any other charges you may incur in connection with your use of Camsurf, such as taxes or possible transaction fees. Your VIP membership will continue for the length of the initial term you select, and, at the end of your prepaid initial term, it will automatically renew for additional prepaid periods of the same length. You must cancel your VIP membership before it renews to avoid billing of the next term’s membership fees to your payment method. Your account will automatically be charged at the rates in effect at the time you originally signed up.
Price Changes. We may adjust pricing for our service or any components of it in any manner and at any time as we may determine in our sole discretion.
Billing Cycle. The VIP membership fee for our service will be billed at the beginning of the paying part of your membership and each billing cycle afterwards, as indicated on the payment page at the time of initial purchase, until you cancel your membership.
Billing Disputes. If you believe we have charged you in error, you must notify us or our authorized payment processor in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing using the contact form or by contacting our authorized payment processor directly at https://cs.segpay.com/. Please include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods, except that we may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact us and explain the circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of free services or a credit to the payment method you used for your purchase; we will not make refunds in the form of cash or check. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate us to provide refunds in the future, under any circumstance.
Cancellation. You may cancel your VIP membership at any time, and you will continue to have access to the VIP membership benefits through the end of your billing cycle. To cancel your VIP membership, click on “my account” and then click “cancel membership.” If you need assistance cancelling your membership, please contact our billing support department.
You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.
Camsurf may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on Camsurf.
Send emails or other communications with certain content, or links to certain content, on Camsurf.
Cause limited portions of content on Camsurf to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms we provide with respect to those features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or parts of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other part of this agreement.
You will cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable any social media features and any links at any time without notice in our discretion.
Links from Camsurf
The owner of Camsurf is based in the United States. We make no claims that Camsurf or any of its content is accessible or appropriate outside of the United States. Access to Camsurf may not be legal by certain persons or in certain countries. If you access Camsurf from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or Camsurf will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Camsurf for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Camsurf or any services or items obtained through Camsurf or to your downloading of any material posted on it, or on any website linked to it.
Your use of Camsurf, its content, and any services or items obtained through Camsurf is at your own risk. Camsurf, its content, and any services or items obtained through Camsurf are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Camsurf. Neither the Company nor anyone associated with the Company represents or warrants that Camsurf, its content, or any services or items obtained through Camsurf will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Camsurf or the server that makes it available are free of viruses or other harmful components, or that Camsurf or any services or items obtained through Camsurf will otherwise meet your needs or expectations.
The Company disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including any warranties of merchantability, noninfringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Camsurf, any content on Camsurf, or any services or items obtained through Camsurf, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Company for the applicable service in the last three months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchased through the site.
You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or the AUP or your use of Camsurf, including your User Contributions, any use of Camsurf’s content, services, and products other than as expressly authorized in this agreement or the AUP or your use of any information obtained from Camsurf.
Governing Law and Jurisdiction
Wyoming law governs all matters relating to Camsurf and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or Camsurf not subject to arbitration will be instituted exclusively in the federal courts of the United States or the courts of the state of Wyoming in each case located in the city of Sheridan and county of Sheridan, although we may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
Arbitration—Please Read the Following Clause Carefully—It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
At the Company’s sole discretion, it may require you to submit any dispute arising from or relating to this agreement, the AUP, or the use of Camsurf to final and binding arbitration with Arbitration Resolution Services, Inc. (ARS). The parties will abide by all rules of ARS as found in their website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. The arbitration will be conducted in the English language. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
Class Action Waiver
All claims arising out of or relating to this agreement, the AUP, or the Services must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise in writing, the arbitrator must not consolidate more than one person’s claims.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement, the AUP, or the Services must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
This agreement and the AUP constitute the entire agreement between you and the Company regarding Camsurf and the Services and supersedes all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Camsurf and the Services. Additional terms may also apply to specific portions, services, or features of Camsurf. All those additional terms are incorporated by this reference into this agreement.
We encourage you to give feedback about Camsurf. But we will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means stated in it.
All other feedback, comments, requests for technical support, and other communications relating to Camsurf should be directed to: firstname.lastname@example.org.
Camsurf Acceptable Use Policy
PLEASE READ THIS POLICY CAREFULLY BEFORE USING CAMSURF
What's in this policy?
This acceptable use policy sets out the content standards that apply when you upload content to Camsurf, make contact with other users on Camsurf, link to Camsurf, or interact with Camsurf in any other way.
Who we are and how to contact us
Camsurf is operated by EF Communications LLC, a Wyoming limited liability company (“We”).
To contact us, please email email@example.com.
By using Camsurf you accept this policy
By using Camsurf, you confirm that you accept this policy and that you agree to comply with it.
If you do not agree to this policy, you must not use Camsurf.
We recommend that you print a copy of this policy for future reference.
There are other terms that may apply to you
Our Terms-of-Use Agreement also apply to your use of Camsurf.
We may make changes to this policy
We may amend this policy from time to time. Every time you wish to use Camsurf, please check this policy to ensure you understand the terms that apply at that time.
You may use Camsurf only for lawful purposes. You must not use Camsurf:
In any way that breaches any applicable local, national, or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate, or humiliate any person.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy, or re-sell any part of Camsurf in contravention of the provisions of our Terms-of-Use Agreement.
Not to access without authority, interfere with, damage, or disrupt:
any part of Camsurf;
any equipment or network on which Camsurf is stored;
any software used in the provision of Camsurf; or
any equipment or network or software owned or used by any third party.
Camsurf provides interactive chat and camera streaming services to users (interactive services).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on Camsurf, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on Camsurf, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is prohibited.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to all material which you contribute to Camsurf (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
EF Communications will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in the British Virgin Islands and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful, or inflammatory.
Bully, insult, intimidate, or humiliate.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any copyright, database right, or trademark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.
Be likely to harass, upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from EF Communications, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites or applications.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms-of-Use Agreement on which you are permitted to use Camsurf, and may result in our taking all or any of the following actions:
Immediate, temporary, or permanent withdrawal of your right to use Camsurf.
Immediate, temporary, or permanent removal of any Contribution uploaded by you to Camsurf.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
In certain circumstances where temporary user suspensions have occurred for activities that we reasonably believe are not illegal, we may at our sole discretion allow users to pay a fee to fast track any internal review of account activities to restore account access. Charges are levied not as a penalty or permission to engage in unauthorized conduct, but to offset the resources needed to conduct an immediate review.
Eligibility for fast-track services will be determined in our sole discretion, at rates published or invoiced to affected accounts. Users restored will be expected to demonstrate continued adherence to this agreement. Fast Track services may not be available in all cases, if further review determines that the conduct engaged in or content delivered is illegal, or we determine in our sole discretion that your conduct constitutes a continuing violation of this policy or the Terms-of-Use Agreement, your further use of the Services will be denied.
You may report any violations of this policy to firstname.lastname@example.org.
Which country's laws apply to any disputes?
Please note that the terms of this policy, its subject matter, and its formation are governed by Wyoming law. You and we both agree that the courts of the state of Wyoming will have exclusive jurisdiction subject to mandatory arbitration as stated in the Terms-of-Use Agreement.
Camsurf Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Camsurf.com (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyright work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of the works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA notices is:
Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
(248) 645-1222 (fax)email@example.com
If you fail to comply with all the requirements of section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). In accordance with the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, the United States District Court for the District of Wyoming) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
(248) 645-1222 (fax)firstname.lastname@example.org
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers in accordance with our repeat infringer policy.
Camsurf “Repeat Infringer” Policy
EF Communications LLC, a Wyoming limited liability company (the “Company”), the owner and operator of Camsurf.com (the “Website”), will withdraw all rights and privileges from its subscribers and account holders (collectively, “subscribers”) who are deemed repeat infringers. For these purposes, the Company will count “strikes”. A strike will arise against a subscriber every time (1) that it has been adjudicated, in a court of competent jurisdiction, to have committed copyright infringement; (2) that the Company receives a separate DMCA notice that substantially complies with 17 U.S.C. § 512(c)(3), sent on a different calendar day from any other DMCA notice, alleging copyright infringement within any 12-month period; or (3) that the Company has actual knowledge that it has committed an act of copyright infringement.
Each separate adjudication or DMCA notice gives rise to a separate strike. In addition, to the extent that a single adjudication or DMCA notice pertains to different copyrights that were infringed on different days, it can give rise to multiple strikes.
No strike arises from one or more notifications of claimed infringement (regardless whether subject to counter-notification from the subscriber) that fails to substantially comply with 17 U.S.C. § 512(c)(3), or from facts or circumstances from which the subscriber’s infringement seems apparent, absent actual knowledge on the Company’s part.
The Company has decided to follow the rule of “two strikes and you’re out.” Accordingly, a subscriber against whom there are two strikes will be deemed a “repeat infringer.” The subscriber will be defrocked from the Website as soon as practicable (in the ordinary course of business, within one week). Nonetheless, the Company reserves the right to remit a strike under appropriate circumstances, such as when the subscriber provides adequate evidence that it infringed unintentionally or in the good faith belief that its conduct did not constitute infringement, or that the adjudicating court considered the issue of infringement to be open to divergent interpretations. The Company will also consider “appropriate circumstances” to remit a strike as including a requirement of proportionality: A subscriber who engages in widescale exploitation, a small percentage of which is determined to constitute copyright infringement (even if willfully so), will not accrue a strike if that infringement appears aberrational in the entire context of the subscriber’s exploitation.
A strike will arise by virtue of any act of copyright infringement. Typically, those activities will consist of the violation of rights provided under Title 17, United States Code. However, to the extent that the Company gains actual knowledge that a subscriber has violated the copyright laws of a foreign country or of one of the several states, that conduct equally constitutes a strike. The subject infringement is cognizable regardless of whether it occurred in an online context or elsewhere.
Once defrocked from the Website, the subscriber will not be allowed to rejoin the Website until ten years after the most recent strike. If a subscriber who was previously defrocked returns to the Website, then for a period of one year, the subscriber will be “on probation.” If, during that year, the Company receives a notification of claimed infringement as to that individual—even absent corroboration or court judgment—to which the subscriber fails to reply by an appropriate counter-notification, the subscriber will be defrocked again. Any time that an individual or entity has been twice defrocked, he or she will remain permanently unable to rejoin the Website.
For these purposes, the Company will maintain a registry of its defrocked subscribers. The registry will be updated monthly and will retain all implicated names for a period of 30 years.
Because of the risks of acting on inaccurate information, the Company will not accrue strikes against its subscribers based on allegations that those individuals have been previously defrocked by another service provider.
The Company will accrue a strike with respect to the subscriber only. If the subscriber is an entity, that entity will be deemed the only entity against whom one strike exists for purposes of the repeat infringer policy (meaning that no individual will thereby be implicated).
Concomitantly, if the subscriber is an individual, he or she will be deemed the only individual against whom one strike exists for purposes of the repeat infringer policy (meaning that no corporate entity will thereby be implicated).
Once an individual or entity has been defrocked, the Company will not allow another individual or entity bearing substantially the identical name and mailing address to enroll in the Website, absent evidence showing that it is not the same individual or entity that was previously defrocked. In addition, to the extent that the Company is provided with evidence that a current subscriber is the same individual or entity that was previously defrocked, and the current subscriber does not credibly challenge that evidence, the Company will terminate service to that subscriber. This exclusion does not apply, however, to previously defrocked subscribers who are already allowed to join after the passage of the requisite years or after satisfying the other criteria set forth above.
A subscriber’s activity of taking down challenged material or of settling a lawsuit for copyright infringement, without more, will not be deemed to create a strike. All the circumstances must be taken into account. If, for example, in the context of a settlement the subscriber admits to having committed copyright infringement and the Company gains actual knowledge of that admission, a strike arises.