3. Your License to Access Content on Site
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
4. Age Restriction
The Site and Services are not intended for children under 16 years of age, and you may not use the Site or Services or create a user profile, if applicable, if you are under 16. You hereby represent and warrant that you are at least 16 years of age.
5. Code of Conduct
If you leave a comment, certain information may be publicly visible. Users may see your username, avatar, and website information.
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
a. You may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of DashVideoCam.com;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Access the Site or Services by any means other than through the interface that is provided by DashVideoCam.com;
- Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
b. No Automated Querying
You may not send automated queries of any sort to the Site, including:
- using any software which sends queries to determine how a website or webpage “ranks” for various queries;
- “meta-searching”; and
- performing “offline” searches on the Site.
c. You agree not to use the Site or Services to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including a DashVideoCam.com agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulate identifiers in order to disguise the origin of any comment you post on the Site;
- Post any content or submit any feedback that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
6. Feedback and Email Newsletter Terms
You must provide your name and email address to submit feedbacks. By providing your name and email address to us, you agree that we can send you email communications in connection with the feedback feature. If you opt in to receiving the DashVideoCam.com newsletter, we will also send you emails with news and updates about DashVideoCam.com’s products and services. You can choose at any time to no longer receive emails by clicking “unsubscribe” at the bottom of each email sent by DashVideoCam.com.
If you choose to forward content from the Site via email, you agree that you will forward such content only to willing recipients known to you and that you will not use the Site or Services for engaging in spam or other unauthorized conduct.
7. Use the Site and Services at Your Own Risk
The Site and Services include links to other websites or resources. Because DashVideoCam.com has no control over such sites and resources, you acknowledge and agree that DashVideoCam.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which DashVideoCam.com has no control and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, DashVideoCam.com allows advertisers to display advertisements on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. DashVideoCam.com does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements and you agree that DashVideoCam.com will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources, you do so solely at your own risk. Under no circumstances will DashVideoCam.com be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website.
8. Modifications to the Services
DashVideoCam.com reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that DashVideoCam.com will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
9. Termination of Your Access to the Services
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@DashVideoCam.com and we will use our best efforts to promptly remove such information from our records.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. DASHVIDEOCAM.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
- YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DASHVIDEOCAM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR DASHVIDEOCAM.COM’S PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- DASHVIDEOCAM.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT DASHVIDEOCAM.COM, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT DASHVIDEOCAM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Copyright and Trademark Protection
All contents of this Website are: Copyright (c) 2019 DashVideoCam.com All rights reserved. The logos, marks, product and service names that appear throughout the Site (the “DashVideoCam.com Marks”) belong to DashVideoCam.com and are protected by U.S. and international trademark laws. You agree not to display or use the DashVideoCam.com Marks in any manner without DashVideoCam.com’s prior written permission.
14. Notice for Claims of Copyright Infringement
DashVideoCam.com respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. DashVideoCam.com may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. DashVideoCam.com also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, DashVideoCam.com may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy. If you believe that your work has been used on DashVideoCam.com.com’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify DashVideoCam.com immediately by written notice.
15. Applicable Law
16. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
b. Class Action Waiver
Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor DashVideoCam.com will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
c. NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM.
YOU AND DASHVIDEOCAM.COM ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, DASHVIDEOCAM.COM, OR DASHVIDEOCAM.COM INDEMNIFIED PARTIES, BOTH YOU AND DASHVIDEOCAM.COM STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by DashVideoCam.com to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in Orange County in the State of Florida, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section 16.
18. Limitation of Actions Brought against DashVideoCam.com
19. Third Party Beneficiaries
20. Section Titles
Last updated: January 14, 2019