EarthCam.com and MyEarthCam.com are services provided by EarthCam, Inc. (hereinafter collectively "EarthCam") for EarthCam registered members to create an account in order to watch, broadcast and share webcam content and related data, including images, pictures, and video, over the Internet ("Webcam Content"); only registered members can use this service. To become a member, member ("Member") must first agree to comply with the current Terms of Service.
EarthCam provides users and Members with the ability to report a violation they find on EarthCam by filling out and submitting the EarthCam Contact Us form.
1. CHANGES TO TERMS OF SERVICE. EarthCam reserves the right to change the Terms of Service at its sole discretion and at any time, and Members must comply with such changes. Updates made by EarthCam from time to time can be made without notice to Members. Notifications may appear on the EarthCam website. Members who violate the Terms of Service may have their membership revoked.
2. DESCRIPTION OF SERVICE. In order to use EarthCam, Member must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please be aware that, in some cases, Members of EarthCam have created certain areas on EarthCam that may contain adult or mature content without EarthCam's prior knowledge. Members should report any violations like this and of the Privacy Policy and Terms of Service by filling out and submitting the EarthCam Contact Us form. All Members of EarthCam must be at least 13 years of age to create an EarthCam account and to access and view EarthCam.
3. MEMBER REGISTRATION OBLIGATIONS. In consideration of Member's use of EarthCam, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by EarthCam's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or EarthCam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EarthCam has the right to suspend or terminate Member's account and refuse any and all current or future use of EarthCam (or any portion thereof). EarthCam is concerned about the safety and privacy of all its users, particularly children. For this reason, EarthCam is intended for users at least 13 years of age. When Member creates an EarthCam account, Member certifies that Member is at least 13 years of age. Please remember that EarthCam is designed to appeal to a broad audience. Accordingly, it is Member's responsibility to determine whether any of EarthCam and/or Content (as defined in Section 8 below) is appropriate for Member's own viewing.
4. VALID EMAIL ADDRESS. Member will maintain a valid email address as part of Member's EarthCam membership profile at all times.
5. EARTHCAM PRIVACY POLICY. Registration Data and certain other information about Member are subject to our Privacy Policy. For more information, please see our full Privacy Policy.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY. Member will receive a password and account designation upon completing EarthCam's registration process. Members are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Member's password or account. Member agrees to (a) immediately notify EarthCam of any unauthorized use of Member's password or account or any other breach of security, and (b) ensure that Member exits from Member's account at the end of each session. EarthCam cannot and will not be liable for any loss or damage arising from Member's failure to comply with this Section 6.
7. RESTRICTIONS ON USE.
A. Member shall use the site for lawful purposes only. Member shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without EarthCam's express prior approval, Member shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. Member shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services competitive with the site. Any conduct by Member that in EarthCam's discretion restricts or inhibits any other user or Member from using or enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. Member may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download one copy of any copyrighted material for their personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of EarthCam and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material.
C. Member shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
8. MEMBER CONDUCT. Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
Member agrees to not use EarthCam to:
A. Impersonate any person or entity, including, but not limited to, an EarthCam official, forum leader, guide or host, or falsely state or otherwise misrepresent Member's affiliation with a person or entity;
B. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
C. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
D. interfere with or disrupt EarthCam or servers or networks connected to EarthCam, or disobey any requirements, procedures, policies or regulations of networks connected to EarthCam;
E. "stalk" or otherwise harass another.
Member acknowledges that EarthCam does not pre-screen Content.
9. PUBLIC VIEWING. Member acknowledges and understands that Member, in some instances, intends Webcam Content submitted to EarthCam by Member for public viewing. Any other person having access to the Internet may view such Webcam Content.
10. CONTENT POSTED TO EARTHCAM. With respect to Content and Webcam Content that Member elects to post to EarthCam, Member grants EarthCam the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, promote and display such Content and Webcam Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
11. NO RESALE OF SERVICE. Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of EarthCam, use of EarthCam, or access to EarthCam.
12. GENERAL PRACTICES REGARDING USE AND STORAGE. Member acknowledges that EarthCam reserves the right to terminate or move accounts that are inactive for an extended period of time. Member further acknowledges that EarthCam reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
13. ACCEPTABLE USE. Member represents that all Webcam Content published online by Member through EarthCam will be original, and will not violate the copyright, trademark, trade secret, patent, right of publicity, right of privacy or other rights of third parties. Member further agrees that Member will not publish online through EarthCam any Webcam Content that contain words or scenes that are profane, sexually explicit, depict graphic violence, or contain defamatory communications or communications that deride or promote discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability or sexual orientation.
14. DELETION OF WEBCAM CONTENT. In the event Membership is revoked, EarthCam may, at its sole discretion, delete and/or remove from EarthCam servers all EarthCam accounts and Webcam Content previously submitted by Member to be hosted on an EarthCam server and published on the Internet through EarthCam. Further, EarthCam may conduct random checks of Webcam Content, in public or private accounts, at regular intervals and/or in response to complaints by viewers to determine whether they comply with these Terms of Service. EarthCam reserves the right to remove and delete any Webcam Content submitted by Member that, in EarthCam's sole discretion, does not comply. Members should report any suspected instances of EarthCam misuse by submitting the EarthCam Contact Us form.
15. ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES. MEMBER ASSUMES ALL RISKS FOR MEMBER'S USE OF EARTHCAM AND THE INTERNET. EARTHCAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE EARTHCAM SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR GUARANTEE THAT MEMBER WILL BE ABLE TO USE EARTHCAM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION. EARTHCAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF EARTHCAM IS BORNE BY MEMBER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO MEMBER AND MEMBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EARTHCAM BE LIABLE TO MEMBER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EARTHCAM SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL EARTHCAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT EARTHCAM RECEIVED FROM MEMBER WITH RESPECT TO EARTHCAM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
16. MODIFICATIONS TO SERVICE. EarthCam reserves the right, at any time and from time to time, to modify, move, edit, or discontinue, temporarily or permanently, EarthCam (or any part thereof) with or without notice. Member agrees that EarthCam shall not be liable to Member or to any third party for any modification, suspension or discontinuance of EarthCam.
17. TERMINATION. Member agrees that EarthCam, in its sole discretion, may terminate Member's password, account (or any part thereof) or use of EarthCam, and remove and discard any Content within EarthCam, for any reason, including, without limitation, for lack of use or if EarthCam believes that Member has violated or acted inconsistently with the letter or spirit of the Terms of Service. EarthCam may also, in its sole discretion and at any time, discontinue providing EarthCam, or any part thereof, with or without notice. Member agrees that any termination of Member's access to EarthCam under any provision of this Terms of Service may be effected without prior notice, and acknowledges and agrees that EarthCam may immediately deactivate or delete Member's account and all related information and files in Member's account and/or bar any further access to such files or EarthCam. Further, Member agrees that EarthCam shall not be liable to Member or any third-party for any termination of Member's access to EarthCam.
18. EARTHCAM'S PROPRIETARY RIGHTS. Member acknowledges and agrees that EarthCam and any necessary software used in connection with EarthCam ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to Member through EarthCam or advertisers. Except as expressly authorized by EarthCam or advertisers, Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on EarthCam or the Software, in whole or in part.
EarthCam grants Member a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to EarthCam. Member agrees not to access EarthCam by any means other than through the interface that is provided by EarthCam for use in accessing EarthCam.
19. INDEMNITY. Member agrees to indemnify and hold harmless EarthCam, its service providers, parents, subsidiaries, affiliates, officers, employees and agents from and against any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) from any claims, assertions, or suits brought by any third party arising from or in connection with Member's use of EarthCam.
20. WAIVER. Member acknowledges and agrees that neither EarthCam nor its service providers, parents, subsidiaries, affiliates, officers, employees and agents shall be liable to Member in the event EarthCam is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any party, to desist from using or permitting the use of particular Webcam Content. Member further acknowledges that EarthCam is not responsible or liable for any loss of Webcam Content or related data, nor is it required to return any Webcam Content or related data, upon or resulting from our suspension or deletion of Webcam Content, network or system outages, third-party failures of any kind, or any other reasons. We urge all Members to maintain backup versions of their Webcam Content to guard against losses of any kind.
21. GENERAL INFORMATION. The Terms of Service constitute the entire agreement between Member and EarthCam and govern Member's use of EarthCam, superceding any prior agreements between Member and EarthCam. Member also may be subject to additional terms and conditions that may apply when Member uses affiliate services, third-party content or third-party software. The Terms of Service and the relationship between Member and EarthCam shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. Member and EarthCam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen, New Jersey. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of EarthCam or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. VIOLATIONS. Please report any violations of the Terms of Service to EarthCam by submitting the EarthCam Contact Us form.
