MANYCAM TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT EXPLAINS HOW YOU MAY USE THE MANYCAM SOFTWARE AND WEB SERVICES INSTALLED BY THIS INSTALLER PROGRAM. BY CLICKING ON THE "I AGREE" BUTTON IN THIS INSTALLER PROGRAM, YOU GIVE YOUR PERMISSION AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS LISTED BELOW, AND YOU WILL THEN BE ALLOWED TO USE THE MANYCAM SOFTWARE AND WEB SERVICES ONLY IF YOU AGREE TO THESE CONDITIONS. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, MANYCAM WHICH IS OWNED BY VISICOM MEDIA INC DOES NOT GRANT YOU PERMISSION TO USE THIS SOFTWARE OR ANY VISICOM MEDIA INC RELATED WEB SERVICES OF ANY KIND.
CLICK ON THE CANCEL BUTTON IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS LISTED BELOW.
PART I: SOFTWARE LICENSE AGREEMENT
In consideration for your use of the ManyCam software and any updates, customizations and/or enhancements, provided by Visicom Media Inc ("Licensor"), you ("User") agree to the following terms and conditions.
A. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
2. License Agreement.
A. By accepting the terms of this agreement you agree that you are 18 years of age or older. You understand that this software is owned by the licensor Visicom Media Inc. All rights not granted to you are automatically granted to the licensor Visicom Media Inc.
B. You are granted a non-exclusive, non-transferable license that says you may install and use this software on one personal computer. This license is in effect until one of the parties terminates the license. You may terminate the license by no longer using the ManyCam software or web services. Visicom Media Inc may terminate the license at any time for any reason. Visicom Media Inc may change this software license agreement at any time. The license agreement may also be terminated if you violate any of the terms and conditions of this agreement.
C. User acknowledges that the Software and its structure, organization, and source code constitute valuable trade secrets of Licensor. Accordingly, User agrees not to
(i) copy, perform, distribute, modify, adapt, alter, translate, or create derivative works (as defined by the U.S. Copyright Act) from the Software;
(ii) merge the Software with other software;
(iii) sublicense, lease, rent, or loan the Software to any third party;
(iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software;
(v) otherwise use the Software except as expressly allowed in this Agreement.
You may not seek intellectual property protection on the ManyCam software or any ManyCam or Visicom Media Inc web services.
D. User shall not use the Software in any way that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other computer crime regulations, etc. Licensor does not monitor or edit any transmissions, postings, routings or other materials which User may send, post, route, transmit or otherwise move through or with the Software. You may not use the ManyCam software in any manner that is unlawful, or in any way which is not in agreement with this software license or the ManyCam terms of service.
E. You may not use the ManyCam in any serious or critical situation where lives or property may be at stake. You understand ManyCam is not made for such purposes and will not be liable for any damages that might occur. ManyCam should also not be used while engaging in any dangerous activity such as driving or operating heavy machinery. You understand that using ManyCam while doing a hazardous activity could cause death for you or others. Visicom Media Inc is not responsible for any damages that could occur if you use ManyCam while doing an unsafe activity.
F. ManyCam may not be shipped or exported into any U.S. embargoed country. User shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, User shall not export or re-export the Software without all required United States and foreign government licenses. User understands that access and use of the Software from outside the United States may constitute export of technology and technical data which may implicate export regulations and/or require export license.
G. You may not obtain income from the ManyCam software in a way which was not intended by Licensor. If you do Licensor will revoke your license immediately and Licensor will not be responsible for any damages that might occur due to this revoke.
H. You may not transfer your software license to another person or entity.
I. You may not make available or share any copyrighted material that doesn't belong to you. The burden to determine if the material is copyrighted rests with you.
J. You may not defame, slander, harass, use a false identity, or violate the rights of any third party by using ManyCam software or the ManyCam web services.
3. Visicom Media Inc Ownership and Liability.
A. ManyCam software is owned by Visicom Media Inc. Any legal action against ManyCam or Visicom Media Inc must be taken against Visicom Media Inc in Montreal, Quebec, Canada. For no reason will Visicom Media Inc be liable to you for more than $1.00 U.S. (collectively) in any event for any reason.
4. Relationship and Ownership of Parties.
ManyCam software is protected by trademarks, service marks, international treaties, copyright, and other proprietary laws of the U.S. and other countries. Licensor retains exclusive ownership of all worldwide copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial rights in the Software and documentation, including any derivative works, modification, updates, or enhancements. All rights in and to the Software not expressly granted to User in this Agreement are reserved by Licensor. Nothing in this Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor's existing or future patents.
You agree to follow all proprietary laws that apply to your use of the ManyCam software. The ManyCam license gives you no rights, titles or any interests in any intellectual property owned by the licensor, and this license creates no relationship between the licensor and you other than that of licensor and licensee. Rights which are not granted to you through this license are automatically reserved by the licensor. You are not allowed to use ManyCam without the licensor's prior approval.
ManyCam may use certain software developed by third parties. This software allows ManyCam to do certain functions. All rights held by this third party software are reserved by the owner of the third party software and the owner of the third party software may enforce their rights against you directly in their own name.
ManyCam may change from a free service to a pay service at any time and vice versa, and may change its pricing structure at any time in any way. ManyCam may discontinue its service at any time for any reason. ManyCam may charge for any support. ManyCam may limit software features or access to certain parts of the ManyCam website with no warning or notice and with no liability. ManyCam may stop service either temporarily or finally any time for any reason with no warning or notice and with no liability.
ManyCam may deactivate accounts and release to the public any accounts that are inactive for an extended period of time.
5. Payments and Fees.
Licensor has the right to charge any fees for access to ManyCam software or any ManyCam web services. You are in charge of maintaining all hardware and software needed to access the ManyCam software and web services and you are responsible for any charges these services may need to function. You agree to pay any services you sign up for through ManyCam on time and you agree not to act in any way that could be viewed as fraudulent. You shall pay all applicable taxes yourself which may be incurred due to your location. You must be 18 or older to be a ManyCam affiliate and Visicom Media Inc might change affiliate programs at any time or stop the affiliate program for any reason. You may not use obscenity or any illegal content to make money with the ManyCam affiliate program.
In the event that your ManyCam account or serial number is terminated no refund or credits will be given to you.
6. Limitation of Liability
LICENSOR SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF LICENSOR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY USER UNDER THIS AGREEMENT. USER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. VISICOM MEDIA INC AND ITS OFFICERS IS AND WILL NOT EVER BE LIABLE TO YOU FOR ANY CLAIM OR CLAIMS OF ANY KIND CAUSED BY THE USE OF THE MANYCAM SOFTWARE OR MANYCAM WEB SERVICES. VISICOM MEDIA INC WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS OF ANY KIND BASED ON ANY LEGAL THEORY OF ANY KIND. VISICOM MEDIA INC IS NOT LIABLE TOYOU FOR DIRECT DAMAGES OF ANY KIND THAT COULD BE IN CONNECTION WITH ANY THIRD PARTY SOFTWARE USED WITH MANYCAM, ANY INFORMATION OR DATA ACCESSED THROUGH THE MANYCAM SOFTWARE OR ACCESS TO OR INABILITY TO ACCESS THE MANYCAM SOFTWARE OR SERVERS. ANY INFORMATION SUPPLIED BY OTHER MANYCAM USERS OR THE MANYCAM SERVERS COULD BE DELAYED, INACCURATE, IN ERROR, OR CONTAIN OMMISSIONS FOR WHICH VISICOM MEDIA INC WILL NOT HAVE ANY LIABILITY. VISICOM MEDIA INC'S DIRECT DAMAGES LIABILITY TO YOU WILL NOT EXCEED (COLLECTIVELY) $1.00 U.S. IN ANY EVENT FOR ANY REASON.
7. Disclaimer of Warranties by licensor.
THE SOFTWARE AND THE INCLUDED WEB SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FUNCTIONALITY OR ITS BEING VIRUS FREE. USER RECOGNIZES THAT THE AS IS CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH LICENSOR WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT. LICENSOR AND THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SOFTWARE SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF THIRD PARTIES WHATSOEVER. USER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. IN NO EVENT WITH THE AUTHORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SOFTWARE. IF MANYCAM SOFTWARE OR WEB SERVICES OR ANY DATA COLLECTED FROM THIS SOFTWARE OR SERVICES PROVE TO BE DEFECTIVE YOU ASSUME THE ENTIRE COST FOR THE REPAIR TO THE MANYCAM SOFTWARE OR YOUR COMPUTER SYSTEMS OR ANY INJURY OR PROBLEM OF ANY KIND. YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF MANYCAM SOFTWARE OR WEB SERVICES CAUSING DAMAGES OR DEFECTS AND VISICOM MEDIA INC AND ITS OFFICERS SHALL NOT BE HELD ACCOUNTABLE FOR ANY DAMAGES OR DEFECTS IN ANY WAY FOR ANY REASON. MANYCAM HAS THE RIGHT TO CHANGE ITS SERVICES OR FEATURES IN ANY WAY AND DELETE ANY DATA FOR ITS SERVERS ANY TIME FOR ANY REASON.
8. Controlling Law.
This Software License Agreement shall be governed by the laws of the Canada (as applied by federal courts sitting in the province of Quebec) and of the province of Quebec, except conflict of law rules. You consent to exclusive jurisdiction and venue in Montreal, Quebec and waive the defense of forum non convenience. The United Nations Convention on the International Sale of Goods shall not apply to this Software License Agreement.
User shall defend, indemnify and hold harmless Licensor, its officers, directors contractors, agents and employees, from any and all claims or causes of action arising out of use of or related to the Software, and pay any and all damages and expenses (including but not limited to attorneys' fees incurred by Licensor and/or third parties) in connection therewith. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Licensor in asserting any available defenses.
User also agrees to indemnify and hold Visicom Media Inc harmless from any claim or demand including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the ManyCam Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
10. No Waiver.
If the licensor fails to exercise any of its rights under this agreement for any reason it will not constitute a waiver of such or any rights in this agreement.
If a U.S. court finds any part of this license agreement unenforceable then the remainder of the agreement will continue intact and in full force and effect.
This Agreement is effective unless terminated by Licensor at any time for any breach of this Agreement. User may terminate this Agreement at any time by deleting the Software from User's computer system and other storage media. This Agreement and User's right to use this Software automatically terminate if User breaches this Agreement.
13. Legal Compliance.
Licensor may suspend or terminate use of Software and this Agreement immediately upon receipt of any notice which alleges that User has used the Software for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Licensor may disclose the User's identity and contact information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action, and Licensor shall not be liable for damages or results thereof and User agrees not to bring any action or claim against this Licensor for such disclosure.
PART 2: MANYCAM USERS TERMS OF SERVICE
By using the ManyCam software or other related services of this site, you agree to be bound by the following terms and conditions.
Terms of Service Rules
1. You may not harm minors in any way. Use of the ManyCam software or services to harm minors in any way is not allowed and in violation of the law.
2. You may not use ManyCam for illegal purposes. ManyCam software and web services may not be used for illegal purposes or support illegal activities. ManyCam reserves the right to cooperate with legal authorities, or any injured third parties in the investigation of any criminal or civil illegal activity.
3. Disputes with ManyCam users. It is your responsibility how you choose to interact with other ManyCam users. ManyCam has no obligation to monitor disagreements between you and other ManyCam users.
4. You may not make threats. Making threats against others or encouraging bodily harm or destruction of property is forbidden. ManyCam reserves the right to remove user-created profiles that advocate or encourage expressions of violence, bigotry, racism, hatred, obscenity, profanity or other unacceptable behavior determined by ManyCam.
5. Obscene photos, videos, and images are not allowed.
6. Impersonating a ManyCam employee is forbidden. ManyCam employees will never ask you for your logon, password, or credit card.
7. Do not use ManyCam software to spam others.
8. No copyright or trademark infringement is allowed. You may not upload or transmit any material that may infringe on any copyright, trademark, patent, or any proprietary rights of any party. To report trademark or copyright infringement please visit our contact page which can be found from http://www.ManyCam.com under the link "contact."
9. You may not access unauthorized ManyCam accounts and services. You may not attempt to logon to accounts which are not yours.
10. You may not use the ManyCam software or web services to collect or attempt to collect personal information about third parties without their knowledge or consent.
11. You may not deal in fraud. You may not knowingly mislead others with the intent that the other party will act on it.
12. You may not act in a way that impedes others from communicating with ManyCam software.
13. You may not interfere with or disrupt the ManyCam servers or services.
14. You may not use the ManyCam software to damage the reputation of ManyCam, ManyCam employees, or any ManyCam officers.
15. If you do not logon to ManyCam for 6 months your ManyCam nickname may be deactivated.
16. Use of the free version of ManyCam is solely for your personal, non-commercial use only. You may not use the free version of the ManyCam software or website to sell any product or service. ManyCam shall not be liable to any 3rd party that creates or implements any helper application software for use with ManyCam.
17. ManyCam reserves the right to modify or change the services it offers without notice. ManyCam shall not be liable to you or any 3rd party for changes in our services.
18. These Terms of Service will be interpreted and governed by the laws of the province of Quebec. You agree any legal dispute involving ManyCam services and software must take place in the state or federal courts in Montreal, Quebec. ManyCam's liability to you for any cause whatsoever and no matter the form of the action will at all times be limited to the amount paid, if any, by you to ManyCam for services during your membership.
19. These Terms of Service constitute the entire agreement between the parties and supercede any prior written or oral understanding or agreements.
20. You must be 18 years of age or older to use ManyCam software.
Please report any violations of these rules by visiting our contact page which can be accessed at http://www.ManyCam.com and clicking on "contact." We hope you will enjoy using the ManyCam video chat software and services.