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The Terms of Service and the relationship between Member and Earth Cam shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
Member and Earth Cam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen, New Jersey. Please report any violations of the Terms of Service to Earth Cam by submitting the Earth Cam Contact Us form.
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.
Please be aware that, in some cases, Members of Earth Cam have created certain areas on Earth Cam that may contain adult or mature content without Earth Cam's prior knowledge.
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.
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 Earth Cam and the copyright owner.
Accordingly, it is Member's responsibility to determine whether any of Earth Cam and/or Content (as defined in Section 8 below) is appropriate for Member's own viewing. Member agrees to (a) immediately notify Earth Cam 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. 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.
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. 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. Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Earth Cam, use of Earth Cam, or access to Earth Cam. Member further acknowledges that Earth Cam reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member further agrees that Member will not publish online through Earth Cam 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. Further, Earth Cam 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.
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. Member acknowledges and understands that Member, in some instances, intends Webcam Content submitted to Earth Cam by Member for public viewing. With respect to Content and Webcam Content that Member elects to post to Earth Cam, Member grants Earth Cam 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. Earth Cam reserves the right to remove and delete any Webcam Content submitted by Member that, in Earth Cam's sole discretion, does not comply. MEMBER ASSUMES ALL RISKS FOR MEMBER'S USE OF EARTHCAM AND THE INTERNET.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.