Switchcam | Terms of Use

Switchcam Terms of Use

Effective Date: January 24, 2012
Thanks for joining us here at Switchcam (“Switchcam”, “we” “our”, or “us”). Our user relationships are important to us, and these Terms of Use explain your rights and our rights in that relationship. These Terms of Use govern your use of Switchcam.com (the “Website”), and all related players, widgets, tools, apps, data, software, and other services provided by Switchcam (all together, the “Service”). These Terms of Use, together with our Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you and Switchcam in relation to your use of the Service. We may occasionally update these Terms of Use, and when we do so, we will also revise the Effective Date set out above. Please be sure to check back here from time to time to ensure that you are aware of any changes. Any material updates to these Terms of Use will be communicated to registered users by notifying them on the Website. Your continued use of the Service following any such update will constitute your acceptance of the revised Terms of Use.

Acceptance of Terms of Use

By using, registering, or logging in to the Website with your Facebook account, you are consenting to these Terms of Use. Please take some time to read these Terms of Use, and our Privacy Policy, very carefully, and make sure that you are happy with them and that you agree to be bound by them. If you do not agree to any of the provisions of these Terms of Use or of the Privacy Policy, you should stop using our Service right now. If you have already connected your Facebook account with the Service but now disagree with these Terms of Use or the Privacy Policy, you should log out using the Log Out feature provided on the Website. By accessing or using the Service, by connecting to the Service using your Facebook account, or by viewing, accessing, or streaming any information or content through the Service, you represent and warrant that you have read and understood the Terms of Use and Privacy Policy and will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Service.

Your Access to the Service

You are not required to provide us with any account information in order to use the Service. However, access to certain features is available only by connecting your Facebook account to the Service. Your Facebook account information and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy. We reserve the right to disallow, cancel, or remove your Facebook account connection to the Service in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your access to the Service through Facebook if activities occur on Switchcam through your Facebook account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. 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 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.

Your Use of the Service

Subject to your strict compliance with these Terms of Use, Switchcam grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to use the Service in order to view Content streamed through the Service. If you register to use the Service through Facebook, and subject to your strict compliance with these Terms of Use, Switchcam grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to:

view, access, or stream Content through the Service strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Service from time to time;
communicate with other members of the Switchcam community strictly in accordance with these Terms of Use; and
use the services provided as part of the Service strictly as permitted in accordance with these Terms of Use and any other terms applicable to those services from time to time.

The above licenses are conditional upon your strict compliance with these Terms of Use, including, without limitation, the following:

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, and must not permit any third party to, copy or adapt the object code of the Service or any part of the Service (including, without limitation, software, HTML, JavaScript, or other code), reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content.
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.
You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content accessed, viewed, or streamed on or through the Service, except as permitted under these Terms of Use.
You must not use any Content in any way that is designed to create a separate content service or that replicates any part of the Service offering.
You must not employ “scraping” or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content or any part of the Service.
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 any 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:
1. 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;
2. 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
3. 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 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.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Switchcam; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to probe, scan or test the vulnerability of Switchcam’s servers, system or network or attempt to breach data security or authentication measures of Switchcam; attempt to interfere with the Service provided to any user, host or network, by any means including, without limitation, hacking Switchcam’s servers or systems, submitting a virus, overloading, "mail-bombing", "flooding" or "crashing". Without limitation to any other rights or remedies of Switchcam under these Terms of Use, Switchcam reserves the right to investigate any situation that appear to involve any of the above, and may involve and co-operate with appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You hereby represent, warrant and agree that you will comply with the above conditions, and acknowledge and agree that Switchcam has the right, in its sole discretion, to terminate your access to the Service or take such other action as we see fit if you breach the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Liability for Content

To the extent permissible by law, Switchcam disclaims all liability with respect to all Content 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.

Third Party Websites and Services

Please note that these Terms of Use only apply to our Service. When using the Service, you may find links to other websites or services, or to tools that enable you to share information with other websites and services (“External Services”). Switchcam does not control the activities of External Services, and we cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Switchcam does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and their practices and requirements may differ from Switchcam’s. We suggest that you review the terms of use, privacy policy, or other terms governing your use of any External Services before using them. Your use of External Services is at your own risk. Switchcam cannot be responsible or liable for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Switchcam with respect to the content or operation of any External Services.

Blocking of Content

Notwithstanding the fact that Switchcam has no legal obligation to monitor the Content viewed, accessed, or streamed through the Service, Switchcam reserves the right to block, limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been accessed, viewed, or streamed in breach of these Terms of Use or applicable law, or is otherwise unacceptable to Switchcam. You have no right of continued access to any particular item of Content and Switchcam shall have no liability in the event that you are unable to access an item of Content due to its blockage from the Service.

DISCLAIMER

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE 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:
1. 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;
2. 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;
3. 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;
4. ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
5. 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. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF SWITCHCAM, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR ANY FORM OF FRAUD OR DECEIT, OR FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. 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.

Indemnification

You hereby agree to indemnify, defend and hold harmless Switchcam, its successors, assigns, affiliates, agents, directors, officers, employees, shareholders, licensors, licensees and users from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

any violation by you of these Terms of Use;
any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your making Content available through the Service to other users of the Service, and
any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

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

You may terminate this Agreement at any time by 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 support@switchcam.com, or in writing to:

Attention: Support
Switchcam
444 Castro St.
Mountain View, CA 94041

Switchcam may suspend your access to the Service and/or terminate this Agreement at any time, with or without notice to you, if (i) you are in breach of any other provision of these Terms of Use; (ii) Switchcam elects at its discretion to cease providing access to the Service in the jurisdiction where you reside or from where you are attempting to access the Service, or (iii) in other reasonable circumstances as determined by Switchcam at its discretion. The provisions of these Terms of Use that are intended by their nature to survive the termination of these Terms of Use will survive the termination of these Terms of Use, including, but not limited to, those Sections entitled Your Access to the Service, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, and Service Location, respectively.

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

These Terms of Use are not intended to give rights to anyone except you and Switchcam. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will therefore remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between you and Switchcam with respect to your use of the Service, and supersede any prior agreement between you and Switchcam.

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 Santa Clara County, California for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Switchcam seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by Switchcam or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Switchcam, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Service Location

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.

Questions?

If you have questions about these Terms of Use or want to suggest changes to these Terms of Use, please contact us by email at support@switchcam.com, or write to us at the address below. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the address below with your email address and a request for these Terms of Use.

Attention: Support
Switchcam
444 Castro St.
Mountain View, CA 94041