END USER LICENSE AGREEMENT
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” YOU AGREE TO THESE TERMS AND CONDITIONS.
This End User License Agreement (this “Agreement”) is a legally binding contract between Camospace Holdings LLC (“Camospace”) and an individual end user of Camospace’s System, as defined below (“You,” “Your”). Camospace provides Camospace social media services and related mobile applications, the website https://camospace.com, and related sites (the “System”). You agree that when you access or use the System, You will do so subject to this Agreement. DO NOT ACCESS OR USE THE SYSTEM IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
This Agreement is effective as of the date You click “Accepted and Agreed To” (the “Effective Date”). 1. USE OF THE SYSTEM IN GENERAL.
1.1. Eligibility. The System is intended for use only by persons 14 years old or older. You represent and warrant that You are 14 years old or older.
1.2. System Use. During the Term (as defined in Section 10.1 below), You may access and use the System as otherwise permitted herein and Our Community Guidelines.
1.3. System Revisions. Camospace may revise the features and functions of the System at any time. 2. THE APP.
2.1. License. During the Term, Camospace hereby grants You a nonexclusive license to reproduce and use one copy of the App (as defined below) on Your mobile device, solely as a component of the System and for your personal user, provided You comply with the restrictions set forth in this Agreement, including those in Section 2.2 (Restrictions on Software Rights) below. The license in the preceding sentence does not include use by any third party, and You shall not permit any such use. Camospace grants the license in this Section 2.1 under copyright and, solely to the extent necessary to exercise such rights, under any other applicable intellectual property rights. (The “App” means Camospace’s downloadable Camospace Application for accessing Camospace social media services. The App is a component of the System and is included in references thereto, except in provisions that separately address the App.)
2.2. Restrictions on Software Rights. You agree that copies of the App downloaded, created or transferred to Your mobile device are licensed, not sold, and You receive no title to or ownership of any copy or of the App itself. Furthermore, You receive no rights to the App other than those specifically granted in Section 2.1 above.
2.3. Restrictions on Use. Without limiting the generality of the foregoing, You shall not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the App; (b) use the App in any way forbidden by Section 5.1 below; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the App’s source code.
2.4. App Permissions. In the course of installing and using the App, the App or Your mobile device may prompt you for permission to access certain information, including geolocation services, stored files, such as photographs. Whether you grant such requested permissions is at Your discretion. If you do grant permissions on Your device to the App, You will also be granting permission to Us to process, use and potentially disclose such information to other users during operation of the System.
- YOUR CONTENT.
3.1. Permission from You. You grant Camospace permission to access, process, and otherwise use Your Content (as defined below) in order to provide Camospace’s products and/or services to You, to track and analyze Your use of the System, and make Your Content available to other users of the System and other third parties. To the extent that You have intellectual property rights in Your Content, You grant Camospace a world-wide, perpetual, non-exclusive, royalty-free, sublicensable, transferable license to use and prepare derivative works from Your Content for the purposes outlined in this Agreement. You agree that Your Content is not any person’s or entity’s confidential information, including Yours. As between the parties, You retain ownership of Your Content. (“Your Content” means any Content You enter into the App, Content uploaded or transmitted by You or on Your behalf to the System, and/or Content otherwise transferred by You to Camospace or its agents. “Content” means text, images, photos, audio or video files, and other forms of data or communication.) You grant Camospace permission to upload your Contact List information in order to provide Camospace’s products and/or services to You and make such information available to other users of the system and other third parties.
3.2. Rights in Your Content. You represent and warrant that You own Your Content or have received a valid license to Your Content and that submitting or transmitting Your Content to or through the System will not violate the rights of any third party, including without limitation intellectual property, privacy, or publicity rights. Camospace is under no obligation to review or screen Your Content or other System users’ Content.
3.3. Accuracy. Camospace has no responsibility or liability for the accuracy of any Content submitted to or transmitted through the System by You or another user, including without limitation Your Content.
3.4. Right to Retain, Delete or Suspend Access. You must not rely on the System for backup or storage of Your Content. You may suspend access to Your Content by suspending your account. A suspended account will not show any user posts to other users. You may delete Your Content by deleting Your account. This will remove all posts and data related to the deleted account and user. Camospace or other users may retain copies of Your Content even if You are no longer using the System, for example, if other users have re-posted Your Content. Camospace may permanently delete or erase Your Content or suspend Your access to Your Content through the System at any time and for any reason.
deletion, “right to be forgotten,” or similar request related to Your Content, Camospace may respond in accordance with applicable law. Nothing in this Agreement precludes Camospace from asserting rights or defenses it may have under applicable law related to such requests.
4.2. De-Identified Data. Camospace may use, reproduce, sell, publicize, or otherwise exploit De Identified Data (as defined below) in any way, in its sole discretion, including without limitation aggregated with data from other customers. (“De-Identified Data” refers to Your Content with the following removed: information that identifies or could reasonably be used to identify You, an individual person, or a household.)
4.3. Risk of Exposure. YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SYSTEM, YOU ASSUME THOSE RISKS. Camospace offers no representation, warranty, or guarantee that Your Content will not be exposed or disclosed through the System or through errors or the actions of third parties.
- YOUR RESPONSIBILITIES & RESTRICTIONS.
5.1. Acceptable Use. You agree to comply with the Camospace’s Community Guidelines currently posted at https://camospace.com/community-guidelines. In addition, You shall not: (a) provide System passwords or other log-in information to any third party; (b) share non-public System features or Content with any third party; (c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System; or (d) engage in web scraping or data scraping on or related to the System, including but not limited to the scraping of other user’s personal information and Content, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. If Camospace reasonably suspects that You have violated the requirements of this Subsection 5.1 or the Community Guidelines, Camospace may suspend Your access to the System without advance notice, in addition to such other remedies as Camospace may have. Camospace is not obligated to take any action against You or any other System user or other third party for violating this Agreement, but Camospace is free to take any such action it sees fit.
5.2. Unauthorized Access. You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting Your passwords and other log-in information. You shall notify Camospace immediately if You know of or suspect unauthorized use of the System or breach of its security.
5.3. Compliance with Laws. In using the System, You shall comply with all applicable laws.
5.4. System Access. You are responsible and liable for: (a) Your use of the System, including unauthorized conduct through Your account and conduct that would violate the AUP or the requirements of this Agreement; and (b) any use of the System through Your account or passwords, whether authorized or not.
5.5. Communications from Camospace. You consent to receive email and/or text messages from Camospace in connection with Your use of the System. Standard text messaging charges required by Your mobile carrier will apply to text messages Camospace sends to You.
- IP & FEEDBACK.
6.1. IP Rights in the System. Camospace retains all right, title, and interest in and to the System, including without limitation the App and all other all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System, as well as all Content other than Your Content. This Agreement does not grant You any intellectual property license or rights in or to the System or any of its components, except to the limited extent that this Agreement specifically sets forth Your license rights to the App or the Manual. You recognize that the System and its components are protected by copyright and other laws.
6.2. Feedback. Camospace has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that You provide to Camospace, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Camospace’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting You. You hereby grant Camospace a perpetual, irrevocable right and license to exploit Feedback in any and every way. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Camospace’s products or services.)
7.1. Warranty Disclaimers. YOU AGREE THAT YOU ACCEPT THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) CAMOSPACE HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) CAMOSPACE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (c) CAMOSPACE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (d) CAMOSPACE DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICES PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.
7.2. Interactions with Other Users. You agree that You are solely responsible for Your transactions or other interactions, either through the System or through other means of communication, with other users of the System. You acknowledge that that Camospace has no liability for any such interactions. Camospace may monitor or become involved in disputes between You and other users of the System but has no obligation to do so.
7.3. Third Party Sites and Content. You understand that the System may contain or send You links to third party websites, applications or features not owned or controlled by Camospace (“Third Party Sites”), and that links to Third Party Sites may also appear in Content available to You through the System. The System may also enable interaction between the System and a Third Party Site through applications that connect the System, or Your profile on the System, with a Third Party Site. Through Third Party Sites You may be able to access Content from third parties that Camospace does not control and/or share Your Content with others. YOU ACCESS THIRD PARTY SITES ENTIRELY AT YOUR OWN RISK, AND CAMOSPACE WILL HAVE NO LIABILITY FOR YOUR USE OF OR ACCESS TO THIRD
PARTY SITES AND/OR THIRD PARTY CONTENT.)
- INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Camospace and the Camospace Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of, related to, or alleging: (a) infringement or violation of third party intellectual property, privacy or publicity rights by Content submitted to or transmitted through the System from Your account, including without limitation by Your Content; and (b) claims that use of the System through Your account harasses, defames, or defrauds a third party, infringes or misappropriates copyright, trade secret, or other intellectual property rights, or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Your obligations set forth in this Article 8 include retention and payment of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments. Camospace will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Camospace Associates” are Camospace’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)
- LIMITATION OF LIABILITY.
9.1. Dollar Cap. CAMOSPACE’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $10.00.
9.2. Excluded Damages. IN NO EVENT WILL CAMOSPACE BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
9.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 APPLY TO THE BENEFIT OF CAMOSPACE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF CAMOSPACE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. You acknowledge and agree that Camospace has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Article 9 and elsewhere in this Agreement and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of the provisions of this Article 9, Camospace’s liability will be limited to the maximum extent permissible.
- TERM & TERMINATION.
10.1. Term. The term of this Agreement (the “Term”) will commence on the Effective Date and continue until terminated by either You or Camospace.
10.2. Termination. Either party may terminate this Agreement for any reason at any time. You may terminate this Agreement by closing Your account. Camospace may terminate this Agreement by notifying You in writing, including without limitation via text to Your mobile device.
10.3. Effects of Termination. Upon termination of this Agreement, You shall delete the App and cease all use of the System. The following provisions will survive termination of this Agreement: Articles 6 (IP
& Feedback), 7 (Disclaimers), 8 (Indemnification), 9 (Limitation of Liability), and 11 (Miscellaneous); and any other provision of this Agreement that must survive to fulfill its essential purpose.
11.1. Independent Contractors. The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
11.2. Notices & Infringement. Camospace may send notices to You by email or by text to Your mobile device at the email address or mobile number You provided, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to this Agreement to Camospace by email to email@example.com, and such notices will be deemed received 72 hours after they are sent. You acknowledge Camospace’s copyright infringement policy currently posted at https://www.camospace.com/privacy (the “DMCA Policy”). You recognize that: (a) the DMCA Policy addresses infringement of copyright by Your Content and the Content of other System users; (b) nothing in this Agreement restricts Camospace’s right to alter the DMCA Policy; (c) for claims of copyright infringement, the complaining party may contact firstname.lastname@example.org; and (d) Camospace will terminate the accounts of subscribers who are repeat copyright infringers.
11.3. Assignment & Successors. You may not assign this Agreement or any of Your rights or obligations under this Agreement without Camospace’s express written consent. Except to the extent forbidden in this Section 11.3, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
11.4. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
11.5. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
11.6. Choice of Law & Jurisdiction: This Agreement will be governed solely by the internal laws of the State of Florida, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Collier County, Florida. This Subsection 11.6 and Subsection 11.10 below (Dispute Resolution) govern all claims arising out of or related to this Agreement, including without limitation tort claims.
11.7. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by epidemics, acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of
civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond the performing party’s reasonable control.
11.8. Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
11.9. Amendment. Camospace may amend this Agreement from time to time by posting an amended version at its website and sending You written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless You first give Camospace written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions for 30 days following the Proposed Amendment Date (unless either You or Camospace first terminates this Agreement pursuant to Article 10, Term & Termination). Your continued use of the System following the effective date of an amendment will confirm Your consent to the Amendment. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Notwithstanding the foregoing provisions of this Section 11.9, Camospace may revise the AUP at any time by posting a new version at Camospace’s website, and such new version will become effective on the date it is posted; provided if such amendment materially reduces Your rights or protections, notice and consent will be subject to the requirements above in this Section 11.9.
11.10. Dispute Resolution. Any legal disputes or claims arising out of or related to this Agreement (including without limitation claims related to the use of the System, the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in Collier County, Florida. The arbitration will be conducted by the American Arbitration Association, or as otherwise mutually agreed by You and Camospace. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims must be brought within the statute of limitations or other time required by applicable law. You agree that You shall bring any claim, action or proceeding arising out of or related to the Agreement in Your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CAMOSPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN ANY FORUM, INCLUDING WITHOUT LIMITATION CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS.