Effective Date: November 1, 2012
Thanks for joining us here at Switchcam
”, or “us
Your Access to the Service
You may terminate this Agreement at any time as described in the Termination section below. You are solely responsible for terminating your account properly – any attempt to terminate your account by telephone or by other means other than those described in the Termination section will not be considered a proper termination. Once your Facebook account connection has been terminated or cancelled, nearly all Content associated with your Facebook account, or pertaining to activity from your Facebook account (for example, data relating to your use of the Service), will be irretrievably deleted or disassociated with you by Switchcam, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. Comments that you posted while logged in through Facebook may not be deleted, as they are not managed through or stored in our Service.
Events on the Service
Switchcam lets you watch entire events compiled from others’ footage, but that’s not all we offer! The Switchcam Service also gives you the ability to join your fellow fans, friends, and Switchcam users in building a multi-camera video recording of events, occasions, and gatherings (“Events”), either (1) as a Director, by creating a home on the Service for a particular Event (“Shoot”), arranging the Content contributed to that Shoot, and publishing the finished Shoot, or (2) as Camera Crew, by recording Content of an Event (“Your Video”) through our App or otherwise, and contributing Your Video to the corresponding Shoot. Here are some more details about what it means to take on each role:
By creating a Shoot on the Service as a Director, you warrant and represent that you hold all applicable rights to record the Event and to reproduce, distribute, and publicly perform any resulting recording thereof, or are authorized to do so by the holder of those rights (the “Principal”). You acknowledge that this representation is material to your Agreement with Switchcam, and that Switchcam reasonably relies on this representation in allowing you to create and publish a Shoot on the Service. You grant, and warrant and represent that you are authorized to grant, any and all participants in your Shoot’s Camera Crew a non-exclusive, worldwide, personal, irrevocable, non-assignable, non-transferable license (“Director’s License”) to record the Event, to upload their recordings of the Event (“Their Video”) to the Service or other third-party websites, applications, or services, and to keep, make, and share copies of Their Video, for non-commercial purposes only. You acknowledge that you understand and agree to the terms of the Director’s License, and that you will receive no monetary compensation in return for the Director’s License except by separate express written agreement with Switchcam.
Your Use of the Service
- You must not alter or tamper with any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any Content appearing on the Service.
- You must not copy, rip or capture, or attempt to copy, rip or capture, any audio or video Content through the Service or any part of the Service. This does not apply to the recording of audio or video Content through the App or any other apps, plugins or extensions officially released by Switchcam and constituting parts of the Service hereunder.
- You must not use any Content in any way that replicates any part of the Service offering.
- You must not employ techniques to aggregate, repurpose, republish or make any other similar use of any Content or any part of the Service, except as otherwise permitted.
- You must not make use of any bots, botnets, spiders, data mining tools, automated scripts, apps, plugins or extensions with respect to the Service or any Content regardless of the configuration or mode of operation of the same, including without limitation any of the foregoing that automatically generates messages, plays Content, generates comments or posts any activities. This does not apply to the App or any other apps, plugins or extensions officially released by Switchcam and constituting parts of the Service hereunder.
- You must not use the Service to transmit, display, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Switchcam’s reasonable discretion;
- any Content that features the likeness of a child, unless you have obtained legal permission from the child's legal guardian to share said Content;
- any information, software, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by connecting a Facebook account or YouTube account to the Service in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, abuse, exploit, threaten or otherwise harass another user, or any Switchcam employee.
- You must not use or attempt to use another person's account, password, or other information, except as expressly permitted by that other person.
- You must not solicit or collect personal data, or any other kind of information about other users, including without limitation, through such means as spidering, “screen scraping”, or “database scraping”.
- You must not use any automatic means of accessing, logging-in or connecting accounts on the Service.
Liability for Content
To the extent permissible by law, Switchcam disclaims all liability with respect to all Content uploaded, viewed, accessed, or streamed through the Service and the activities of its users. Switchcam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby disclaim, to the fullest extent permitted by law, any and all liability which may arise from any Content made available through the Service by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, any claims relating to fraud or misrepresentation, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Service. By using the Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Switchcam or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Here at Switchcam, we respect the rights of copyright holders, and we expect the same from our users. Our policy is to terminate in appropriate circumstances the accounts of users who repeatedly infringe copyright holders’ rights. If you are a copyright holder who believes that any of the copyrighted material which is directly available through the Service is infringing copies of your work, please let us know by sending a notice of alleged copyright infringement pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 United States Code § 512(c)(3), to Switchcam’s designated copyright agent at the following address:
185 Clara St.
San Francisco, CA 94107
Tel.: (415) 857-2217
Fax: (415) 887-1186
A notification of alleged copyright infringement must be addressed to Switchcam’s copyright agent as listed above and include the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringed is located on the Service (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If access to Content you posted on the Service has been disabled as a result of a notice of alleged copyright infringement, and you believe the Content is not infringing, you may send a counter notification to Switchcam’s designated copyright agent to request that access to the Content be restored. A counter notification must be addressed to Switchcam’s copyright agent as listed above and include the following:
- A physical or electronic signature of the subscriber.
- 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 to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
When we receive a counter notification, we will promptly provide a copy of it to the complaining party. If you are the complaining party, you must then notify us within 10 business days that you have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Service. If we receive such a notification, we will be unable to restore access to the Content. Otherwise, we may restore access to the Content.
Third Party Websites and Services
Blocking of Content
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APP, AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE SERVICE OR OTHERWISE, ARE PROVIDED “AS IS”
, “AS AVAILABLE”
, AND “WITH ALL FAULTS”
. SWITCHCAM MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY EXTERNAL SERVICES. SWITCHCAM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWITCHCAM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT THROUGH THE SERVICE WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICE DESIGNED TO PREVENT UNAUTHORIZED ACCESS OR SHARING OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
SWITCHCAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. SWITCHCAM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE SERVICE;
- ANY CHANGES THAT SWITCHCAM MAY MAKE TO THE SERVICE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICE IN OR FROM ANY OR ALL TERRITORIES;
- ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SWITCHCAM OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICE, OR FROM ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF THEIR RIGHTS WITH RESPECT TO YOUR USE OF THE SERVICE;
- ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
- YOUR FAILURE TO PROVIDE SWITCHCAM WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
- ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, AND WHETHER OR NOT SWITCHCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE NOTIFIED TO SWITCHCAM AS SOON AS POSSIBLE, AND FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SWITCHCAM AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND SWITCHCAM, AND THAT SWITCHCAM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Competitions and Other Promotions
From time to time, Switchcam may promote competitions, sweepstakes, promotions, prize draws and other similar opportunities on the Service (“Competitions”). If you wish to participate in any of these Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Competitions in your country of residence.
Changes to the Service
Switchcam reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Service at any time and for any reason with or without notice. Switchcam also reserves the right at any time and for any reason, with or without advance notice, to suspend, discontinue, terminate or cease providing access to the Service or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. You hereby agree that Switchcam and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Service that Switchcam may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Service or any part or parts thereof, or your ability to use or access the Service or any part or parts thereof from or within any territory or territories.
Termination of Agreement
We’d be sad to see you go, but if you choose, you may terminate this Agreement at any time by deleting your account or disconnecting your Facebook account from the Service and thereafter by ceasing to use the Service, or by sending notice confirming such termination to Switchcam by email at email@example.com, or in writing to:
185 Clara St.
San Francisco, CA 94107
Assignment to Third Parties
Switchcam may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Switchcam. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Switchcam.
Third Party Rights
Applicable Law and Jurisdiction
Except where otherwise required by the mandatory law of the United States:
- this Agreement is subject to the substantive laws of the State of California; and
- you hereby agree, and Switchcam agrees, to submit to the exclusive jurisdiction of the state and federal courts in San Francisco County, California for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The Service is controlled and operated by Switchcam in the United States of America. Switchcam makes no representation that materials on the Service or available through the Service are appropriate or available for use in other locations. Those who choose to access or use the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
185 Clara St.
San Francisco, CA 94107