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Webcam Corp. Terms of Service
Webcam Corp, ("The Company") agrees to provide video broadcast services to the Client,
subject to the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you.
A1. Description of service: Webcam Corp. will provide video broadcasting via Internet and related services on behalf of the Client, as described in the Video Broadcast Service Agreement. The Client will stream video content to be broadcast on the Internet. The Client grants to Webcam Corp. the right to stream the video content on the Internet.
A2. Interruption of Service: The Client hereby acknowledges and agrees that Webcam Corp. will not be liable for any temporary delay, outages or interruptions of the Services. Further, Webcam Corp. shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from external events such as, but not limited to catastrophe, improper use, or maintenance or third-party supplier failure. The Client hereby acknowledges and agrees that Webcam Corp. reserves the right to temporarily suspend services for the purposes of upgrading, maintaining or repairing its systems.
A3. Governing Law: This Agreement shall be governed by the laws of the State of New Jersey. Venue for any action between the Company and the Client arising out of or in connection with this Agreement, shall be in New Jersey.
A4. Confidentiality: Each Party agrees that it will not disclose to any third party information deemed Confidential by the other party except required by law or lawful purpose.
A5. Copy Rights: Client warrants that it owns and/or obtained the right to distribute and stream to Webcam Corp. for online broadcast, and further warrants that it has taken
all necessary steps to ensure that it is in compliance with all governmental laws,
rules and regulations or all applicable licensing requirements.
A6. Termination
Webcam Corp. may terminate or cancel any of it's services without prior notice
1) if the Client fails to pay any amount when due.
2) at any time, without notice, if, in Webcam Corp's sole and absolute discretion
and/or judgment, the Client is in violation of any term or condition of the this
Agreement and related agreements, or Client's use of the Services disrupts or, in
Webcam Corp's sole and absolute discretion and/or judgment, could disrupt,
Webcam Corp's business operations.
3) if the video content provided by the Client violates or infringes any trademark,
patent, copyright, trade secret or any other rights of any person, firm or corporation,
or which a reasonable person would consider abusive, profane or offensive, which is
defamatory or harassing, or which violates or encourages others to violate any applicable law.
A7. Disclaimer of Warranties
You expressly understand and agree that:
1) Your use of the service is at your sole risk. the service is provided on an
"as is" and "as available" basis. Webcam Corp expressly disclaims all warranties of
any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
2) Webcam Corp makes no warranty that the service will meet your requirements.
Webcam Corp makes no warranties of any kind, whether expressed or implied, for the
service it is providing.
3) Webcam Corp. will not be responsible for damages or losses
the Client suffers, and any consequential damages or losses. This includes, but not
limited to the loss of data, non-deliveries, mis-deliveries, or service interruptions
caused by its own negligence, Client's errors or omissions, or due to the fault of
any third parties.
A8. Limitation of Liability
You expressly understand and agree that Webcam Corp shall not be liable to you for
any direct, indirect, incidental, special, consequential or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (whether or not webcam corp. Has been advised of the possibility
of such damage.)
The services and the support are provided by Webcam Corp
on an "as is" basis. In no event shall Webcam Corp
be liable for any direct, indirect, incidental, prospective, punitive,
or consequential damages of any kind whatsoever with respect to the
services, the support and the results.
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