For purposes of this Agreement, “Supported Devices” means at applicable time of use, then current Internet browsers, mobile phones wireless communication devices now known or hereafter created any telecommunication method or protocol now known or hereafter created that are then compatible with the UcamChat Platform.
Acceptance of this Agreement as Binding Contract
To extent that Users may download a UcamChat app, create a user account, or otherwise access the UcamChat Platform, User agrees understands that such use shall capture unique identifiers permissions via their supported devices. To extent User is offered an opportunity during process of downloading, registering, or otherwise accessing this platform, to denote their acceptance (” I accept agree to be bound by these Terms of Service incorporated policies in my use of the UcamChat Platform.”)
Based on its proprietary technology, software know how (“UcamChat Technology”), UcamChat has ability to customize, operate, maintain provide access to virtual Channels through the UcamChat Platform (“UcamChat Channel Services”) to Users of Platform provide they observe Acceptable Use policies, Rules set forth by third party providers, all applicable laws.
Users agree understthat UcamChat Technology shall be use for purposes of moderation, provision of the UcamChat platform in a manner that furthers community standards Acceptable Use Policy. Using this UcamChat technology may be used to remove Users from certain channels, or suspend their ability to access the UcamChat Platform if a violation of this Agreement or Acceptable User Policy has occurred, or is likely to occur, such actions are taken at UcamChat’s sole discretion in interest of providing improved user experience.
Users shall remain owners of Content they create or perform. Certain features functionalities of Platform shall remain intellectual property of UcamChat, including without limitation, proprietary text, copy, multimedia, graphics, software, data or other information as set forth on the UcamChat Platform as otherwise provided by UcamChat (collectively, “UcamChat Content”).
Member’s Account Account Information:
You certify to UcamChat that you are at least 18 years of age. You hereby agree to provide UcamChat with true, complete up-to-date information regarding your registration billing information. Any user providing UcamChat with information that is not true, complete up-to-date shall not be permitted to continue to use Site may be subject to civil criminal liability. You have been notified of these Terms so if you cannot abide by them please take no further action discontinue access or use of these Services.
Every new User chooses a password we may ask you to choose a screen name at time of registration. Please note that you should choose your name carefully you may not choose or use a screen name of another person, a name that is violating a third party’s intellectual property rights or a screen name that is offensive or inappropriate.
UcamChat owns all screen names used on Site.
You agree to provide UcamChat with a valid email address for activation purposes for our verification purposes. This means that UcamChat can send you verification emails also emails from message center. By becoming a registered member of Site, you agree to receive from Site commercial emails about services products of site its partners. You are solely entirely liable for all of activities on Site, including in any activity conducted through your account. Please note that as a member you may not permit any other person to use your account. You must keep your login information strictly confidential may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms Conditions, your username or your password, to any other person or entity. You must promptly inform UcamChat of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password
Members who are not permitted to continue to use Site may not access Site or use any Services without prior express written permission of UcamChat.
Cancellation of your Member account: You may cancel your Member account on Site, at any time, by logging into your account on ucamchat.com. In all cases of cancellation of your member account you will remain liable for all payments due on your member account as well as any liabilities arising from these Terms Conditions.
Termination of your Member account: UcamChat reserves right to cause you to cease Site, at any time, may delete or suspend your member account. Furthermore, in event that Site is terminated or suspended, all member accounts (of all kinds) will be terminated immediately without any prior notifications from UcamChat. In any such case, you will remain liable for all payments due from your member account as well as any other liabilities arising under these Terms Conditions.
Charges, Billing Payments:
Data Security: Payment, other functionalities of this Service are provided by third parties who are required to utilize industry standard security measures. Given nature of this Service, of which you were informed upon entry, you must understthat security of information or material you share is your own responsibility. Any transmission of personal information or your likeness is at your own risk. We are not responsible for circumvention of any privacy settings or security measures that have been provided in connection with Services.
Payment Terms: Some features available on this site are free, others are paid. Pricing for premium features or access to premium areas is clearly posted. Available features, along with their description pricing, are clearly posted. Additionally, we may sell tokens (“Tokens”) for purchase by users of Site which may be used to purchase certain Services or virtual products. The price of Tokens is displayed to you upon purchase thereof. Payments are processed via Segpay.com. Subscriptions auto-renew you are responsible for revising your payment settings. Please note that your bank may charge you an additional service fee in connection with transaction. This fee is not charged by UcamChat. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with Site. You must refer to that agreement not these Terms Conditions regarding your rights liabilities as a credit card holder. You hereby agree that UcamChat may, at its own discretion, accumulate your charges.
You are (and UcamChat is not) responsible for all charges associated with connecting to Site.
Please note that in any case of a charge back occurring from your credit card with regard to purchase of Tokens or Membership and/or Premium Services, UcamChat shall be entitled to cause you to cease Site to terminate your member account immediately. Further, UcamChat has right at its sole discretion to place indebtedness in hands of a third party for collection. Client, in addition to all other amounts due hereunder, all costs expenses incurred in connection with collection or enforcement of this indebtedness, including without limitation court costs, attorneys’ fees (whether or not suit be brought), attorneys’ fees for bankruptcy proceedings, appeals anticipated post-judgment collection services Girls. UcamChat may take judgment for all such amounts in addition to all other sums due hereunder. If you have any questions regarding one or more of transactions and/or regarding usage of Site, please feel free to contact UcamChat’s customer service by clicking here.
Users shall grant to UcamChat an exclusive, unlimited worldwide license to use, transmit, perform Content, which they create or transmit via Platform for purpose of delivering Services, which comprise the UcamChat Platform. Such use may include use of certain Content, including but not limited to, video, images, audio recordings or User likenesses in marketing advertising materials, to extent that such use has been permitted authorized.
Your use of Service is subject to all applicable laws regulations, including Netiquette, you are solely responsible for contents of your communications through Service. By contributing information in or otherwise any communications service, or other interactive service that may be available to you on or through this Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains depictions of nudity or simulates sexual acts, or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of Service may be available to you or other authorized users of Service. You shall not interfere with anyone else’s use enjoyment of Service or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, at our sole discretion, terminate your use of this service without prior notice to you for violating any of above provisions. In certain circumstances you may be able to pay a reactivation fee to have your ability to use this service reinstated. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or services, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Intellectual Property Information
Neither we, or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Service will not infringe rights of third parties. See “Use of Your Materials” below for a description of procedures to be followed in event that any party believes that content posted on this Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect intellectual property of others, we ask you to do same. If you or any user of this Service believes its copyright, trademark or other property rights have been infringed by a posting on this Service, you or user should send notification to our Designated Agent (as identified below) immediately. To be effective, notification must include:
A physical or electronic signature of a person authorized to act on behalf of owner of an exclusive right that is allegedly infringed
Identification of copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit us to contact complaining party, such as address, telephone number and, if available, an electronic mail address at which complaining party may be contacted;
Identification of material that is claimed to be infringing or to be subject to infringing activity that is to be removed information reasonably sufficient to permit us to locate materials;
A statement that complaining party has a good faith belief that use of material in manner complained of is not authorized by copyright owner, agent, or law;
A statement that information in notification is accurate and, under penalty of perjury, that complaining party is authorized to act on behalf of owner of an exclusive right that is allegedly infringing.
Pursuant to Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Your acknowledge agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove identified materials from our Service without liability to you or any other party that claims of complaining party party that originally posted materials will be referred to United States Copyright Office for adjudication as provided in Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SERVICE AT ANY TIME WITHOUT NOTICE. THE MATERIALS AT THIS SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SERVICE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, hold us our Affiliates harmless from all liabilities, claims, expenses, including attorney’s fees, that arise from your use or misuse of this Service. We reserve right, at our own expense, to assume exclusive defense control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Agreement to Arbitrate
Any dispute, controversy, difference or claim arising out of or relating to this contract, including existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to finally resolved by arbitration administered under UNCITRAL Arbitration Rules JAMS Streamlined Arbitration Procedures, or, by mutual agreement, BVI International Arbitration Centre (BVIIAC), as modified by IAC Procedures for Administration of Arbitration. This contract shall be interpreted under BVI law, United Nations Convention on International Sales of Goods, which will apply to all matters relating to use of this Service.
Prohibition of Class Representative Actions Nonindividualized Relief
YOU AND UcamChat AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND UcamChat AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, court review of an arbitration award is very limited. However, an arbitrator can award same damages relief on an individual basis that a court can award to an individual. All issues are for arbitrator to decide, except that issues relating to arbitrability, scope or enforceability of this Agreement to Arbitrate, (“Prohibition of Class Representative Actions Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
A party who intends to seek arbitration must first send to other, by certified mail, a written notice describing nature of dispute in reasonable detail (“Notice”). The Notice to UcamChat should be sent to DBF Group Limited. address provided below. All information called for in Notice must be provided, including a description of nature basis of claims party is asserting relief sought.
If you and UcamChat are unable to resolve claims described in Notice within 30 days after Notice is sent, you or UcamChat may initiate arbitration proceedings with JAMS. A form for initiating arbitration proceedings is available on JAMS website at https://www.jamsadr.com/jamsconnect/. In addition to filing this form with JAMS in accordance with its rules procedures, party initiating arbitration must mail a copy of completed form to opposing party. You may send a copy to DBF Group Limited. at following address: Wickhams Cay 1 Road Town, Tortola, British Virgin Islands.
Arbitration shall be conducted online JAMS Streamlined Arbitration Procedures. By mutual agreement, parties to arbitration may elect to use BVI International Arbitration Centre (BVIIAC), as modified by IAC Procedures for Administration of Arbitration, if circumstances warrant. In cases where an in-person hearing is held, you and/or UcamChat may attend by telephone, unless arbitrator requires otherwise. In either case, a sole arbitrator shall be appointed, proceedings shall be conducted in English.
The arbitrator will decide substance of all claims in accordance with BVI law United Nations Convention on International Sales of Goods, including recognized principles of equity, will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving same UcamChat user to extent required by applicable law. The arbitrator’s award shall be final binding judgment on award rendered by arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
In any arbitration arising out of or related to this Agreement, arbitrator shall award to prevailing party, if any, costs attorneys’ fees reasonably incurred by prevailing party in connection with arbitration. If arbitrator determines a party to be prevailing party under circumstances where prevailing party won on some but not all of its claims counterclaims, arbitrator may award prevailing party an appropriate percentage of costs attorneys’ fees reasonably incurred by prevailing party in connection with arbitration.
With exception of any of provisions in this Section regarding Agreement to Arbitrate (“Prohibition of Class Representative Actions Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of provisions of this Agreement to Arbitrate (“Prohibition of Class Representative Actions Non-Individualized Relief”) is invalid or unenforceable, then entirety of this Agreement to Arbitrate shall be null void. The remainder of Agreement its Legal Disputes Section will continue to apply.
Future Amendments to Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service to contrary, you we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in future, that amendment shall not apply to any claim that was filed in a legal proceeding against UcamChat prior to effective date of amendment. The amendment shall apply to all other disputes or claims governed by Agreement to Arbitrate that have arisen or may arise between you UcamChat. We will notify you of amendments to this Agreement to Arbitrate by posting amended terms on ucamchat.com at least 30 days before effective date of amendments by providing notice by email.
Participation in Promotions
From time to time, this Service may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of advertisers showing their products on this Service. Any such correspondence or promotions, including delivery of payment for goods services, any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
To extent you are offered option to create a user account, you are solely responsible for maintaining confidentiality of your password account for any all statements made acts or omissions that occur through use of your password account, including any mail sent any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, we reserve right to immediately terminate your account in event of any unauthorized transfer or sharing thereof.
By downloading or software, you represent warrant that you are not located in a jurisdiction where use of these Services are prohibited by law, regulation, or Export Controls. Although this Service may be accessible worldwide, we make no representation that materials on this Service are appropriate or available for use in jurisdiction, accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with this Service is void where prohibited.
Termination of Use
All notices to a party shall be in writing shall be made either via e-mail or conventional mail. Notices to us must be sent to attention of Customer Service at email@example.com. Notices to you may be sent either to e-mail address supplied for your account or to address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through Service to inform you of changes to Service or other matters of importance, such broadcasts shall constitute notice to you.
You have reviewed Acceptable Use Policy agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Service, nor seek to spam or otherwise, disrupt or interfere with this service.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products services available through our Service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them through the UcamChat Service.