YOU MUST BE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) TO VIEW, ACCESS, OR USE THIS WEB SITE, CONTENT OR SERVICES. IF YOU ARE UNDER 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION), YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE, CONTENT OR SERVICES FOR ANY REASON. YOUR ACCESS TO, USE OF, AND BROWSING OF THE WEB SITE AND ITS CONTENTS AND SERVICES ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. BY VIEWING, USING, OR ACCESSING THIS WEB SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE UNDER THE AGE OF 18 (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION) YOU MAY NOT USE, VIEW, OR ACCESS THIS WEBSITE, YOUR PERMISSION TO USE, VIEW, OR ACCESS THE WEB SITE, CONTENT OR SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND CLICK HERE TO DISCONTINUE USE OF THIS WEB SITE IMMEDIATELY AND LEAVE THIS WEB SITE. PLEASE CLICK HERE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend that will be located at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Web site, Content, or Services after that date. Each time you access, use or browse the Web site, Content, or Services you signify your acceptance of the then-current Terms.
2) Permitted Users of Web siteThe Web site, Content, or Services are solely directed to persons at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction). This site may contain material and content of a graphic nature. If you are under the age of 18 (or for jurisdictions in which 18 years old is not the age of majority, under the age of majority for your jurisdiction) you may not use, view, or access this Website and you must leave this Web site immediately by clicking here. If you are at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) and agree to these Terms, you are permitted to use, view, and access this Website, Content, or Services. If you do not agree to be bound by these Terms or do not wish to view or be exposed to graphic material or are offended by graphic material, you should not and are not permitted to use, view, and access this Website, Content, or Services and you must immediately discontinue your use of the Website by clicking here. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.
We are not responsible or liable for any content, communication, or other use or access of the Web site, Content, or Services by users of this Web site in violation of these Terms.
Xcamy and the Web site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Web site and must exit immediately. If you are under age 13, you are not permitted to submit any personally identifiable information to the Web site. If you provide information to Xcamy through the Web site or any other part of the Web site, Content, or Services you represent to Xcamy that you are 13 years of age or older. This does not change the foregoing obligation to be at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) to use this Web site.
3) Permitted Use of Web siteThe Content (other than Submissions which are governed by paragraph 3 of Section 8(d)), Web site, and Services are the sole and exclusive property of Xcamy and/or its licensors. You agree not to reproduce, republish, upload, post, duplicate, modify, copy, alter, distribute, create derivative works from, sell, resell, transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Web site, Content or Services other than as expressly authorized by Xcamy in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Service, Website, or Content. Use of the Web site or the Content or Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Website, Content or Services through any technology or means other than the video streaming pages of the Service itself or other explicitly authorized means Xcamy may designate. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website, Content, or Service. Xcamy reserves the right to remove or suspend access to the Website, Content, or Services without prior notice.
You may not duplicate, publish, display, modify, alter, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Web site or the Content or Services unless expressly authorized by Xcamy in writing or as expressly set forth herein. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Web site or in the Content or Services. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Web site. In your use of the Web site, Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Xcamy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, sexually explicit, or that contains nudity, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Xcamy with respect thereto.
Our community reporting system does it's best to filter out non adult users of the site. You should still be aware that you may encounter someone under the age of 18 that has not yet been filtered. If you do please report them immediately by clicking report. Exposing yourself to children is a serious crime and we are working closely with law enforcement to help them find and prosecute those responsible.
5) Account Password and SecurityThe Web site may contain features that require registration (e.g., when you register for an account or a contest). You agree to provide accurate, current and complete information about yourself as prompted. If you provide any information that is inaccurate, not current or incomplete, or Xcamy has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Xcamy may remove or de-register you from this Web site or contest, at its sole discretion. Xcamy reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Web site that would otherwise be denied.
At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, if any, and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Xcamy of any unauthorized use of your password or account or any other breach of security. Xcamy is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6) Proprietary RightsYou acknowledge and agree that, as between Xcamy and you, all right, title, and interest in and to the Web site, Content, and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Xcamy or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Web site for any other purpose is prohibited. Xcamy and its licensors reserve all rights not expressly granted in and to the Website, Service and the Content.
Copyright: As between you and Xcamy, you acknowledge and agree that all Content and Services included in the Web site, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, software and other information and materials, is the copyright and property of Xcamy or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Web site or Content for the sole purpose of using the Web site as a personal internal resource or otherwise for its intended purposes, provided that all hard copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary marks and notices. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website, Content, or Services are strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Web site are proprietary to Xcamy or its licensors. Without limiting the foregoing, “Xcamy” is the trademark of Xcamy. Unauthorized use of any trademark of Xcamy may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Web site do not constitute or imply affiliation, endorsement or recommendation by Xcamy, or of Xcamy by the third parties.
7) Your Indemnity of XcamyYOU AGREE TO INDEMNIFY, DEFEND AND HOLD Xcamy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, OBLIGATIONS, DEMANDS, COSTS OR DEBTS, AND EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION, POSTING, OR SUBMISSION TO OR USE OF THE WEB SITE OR THE CONTENT OR SERVICES OR SUBMISSION; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF Xcamy OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOUR SUBMISSION CAUSED DAMAGE TO A THIRD PARTY.
8) User Generated Contenta) Communications Services: The Web site may contain areas for you to leave comments or feedback, chat areas, blogs, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Xcamy and other users of the Web site (collectively, "Communication Services"). The opinions expressed in the Communication Services reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Xcamy. You acknowledge that your submissions to the Web site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.
b) Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Xcamy reserves the right to determine what types of conduct it considers to be inappropriate use of the Web site. In the case of inappropriate use, Xcamy or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Web site, Content, Services or a Communication Service, you will not:
If you use, view, or access this Web site in contravention of these Terms, or if you have repeatedly violated these Terms or a third party's copyright, we reserve the right to terminate the permissions or rights granted to you by Xcamy and we reserve all of our rights under this Agreement, at law and in equity.
c) User Materials: Any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Web site, Services or the Communication Services by users or other third parties (“User Materials”) are strictly those of the person from which such User Materials originated, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk and Xcamy expressly disclaims any and all liability in connection with User Materials. Xcamy does not validate, monitor, or endorse any User Materials of any user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their reliability. Under no circumstances will Xcamy or its suppliers or agents be liable in any way for any User Materials.
You acknowledge and agree that Xcamy may or may not pre-screen or monitor User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, move, remove, suspend, block, and/or restrict access to the Website and any Content or User Materials that are available via the Web site. You understand that by using the Web site, you may be exposed to User Materials that you may consider offensive or objectionable or that may contain nudity or adult oriented or sexually explicit material. Some of the Content on this Web site may offend you. If you think that the Content violates these Terms, then “tag” or “flag” the video you're watching to submit it for review by us. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others.
Without limiting the foregoing, Xcamy and its designees have the right to temporarily or permanently remove, delete, block, suspend or restrict your account or access to the Website or any Content or User Materials on the Website that violate these Terms or are otherwise objectionable, obscene, pornographic, or offensive in Xcamy's sole discretion, including without limitation removing or substituting other words for foul or inappropriate language. You agree Xcamy shall have no liability for such removal, deletion, blocking, suspension, or restriction or any of the actions taken pursuant to this Section.
You further acknowledge and agree that you will not rely on this Web site or any Content or Services available on or through the Web site. We are not responsible for any errors or omissions in the User Materials or hyperlinks embedded therein or for any results obtained from the use of such information. Under no circumstances will Xcamy or its suppliers or agents be liable for any loss or damage caused by your reliance on such User Materials.
Except as otherwise expressly permitted under copyright law or as otherwise expressly set forth herein, you will not copy, redistribute, retransmits, publish or commercially exploit the downloaded Content without the express permission of Xcamy and the copyright owner. You may not sell, lease or rent access to or use of the Web site or its Services. You shall not use this Web site or any Content or Services at any time for any purpose that is unlawful or prohibited by these Terms and other conditions and notices on the Web site and shall comply with all applicable local, state, federal, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations, or treaties of any government or regulatory body of any jurisdiction. You shall not use the Web site in any manner that could damage, disable, impair or interfere with any other user's use of the Web site or Services or Content. You may not attempt to gain unauthorized access to the Web site through hacking or any other unauthorized means. You may not attempt to obtain or obtain any Content or Services through any means not intentionally made available to you through the Web site.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Xcamy's or its designees' use, posting, copying, modification, transmission, or distribution of the Submission or any part thereof. You represent and warrant that you own all right, title, and interest, including copyright, to your Submission, and hold all necessary licenses or releases concerning the contents of your Submission and consents and rights to use, post, copy, modify, distribute, stream, or transmit your Submission. You agree that you are solely responsible for you own Submission and the consequences of submitting and streaming, transmitting, displaying or publishing your Submission on the Service. You must evaluate and bear all risks associated with your disclosure of any Submission.
By making a Submission, you grant Xcamy and its licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive right and license, in their sole discretion, to use, distribute, stream, reproduce, post, modify, copy, combine, adapt, publish, translate, rent, lease, sell, resell, perform or display (whether publicly or otherwise), make available online or electronically transmit, and perform, and create derivative works of your Submission (in whole or in part), along with your name or any part thereof and city/town/country of residency, in Xcamy's discretion, on the Web site or elsewhere, and to use, copy, adapt, distribute, or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium or channels now known or later developed. You hereby waive any right to inspect such use and any claims based on title, privacy, confidentiality, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission. You also hereby grant each user of the Website, Content and Service a non-exclusive license to view, use, and access your Submission through the Website as permitted through the functionality of the Service and under these Terms.
9) Notice and Procedures for Making Claims of Copyright or Intellectual Property InfringementXcamy may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Website, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Xcamy's Copyright Agent a Notice containing the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Xcamy against you, the DMCA permits you to send Xcamy a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to Xcamy's Copyright Agent who can be reached in the following ways:
Mailing Address: Xcamy, Inc. 244 5th Ave. #1835, New York, NY 10001
Email: [email protected]
Make sure you know whether the Content that you have seen on Xcamy infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
10) LinksLinks to Other Websites and Search Results: The Web site may contain links to websites operated by other parties. The Web site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Xcamy which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Xcamy disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Xcamy shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on the Website or any Content or Services available on or through any other site or resource.
Links to the Web site: You may link another website to the Web site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Xcamy or the Web site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Xcamy or the Web site; (iii) when selected by a user, the link must display the Web site on full-screen and not within a "frame" on the linking website; and (iv) Xcamy reserves the right to revoke its consent to the link at any time and in its sole discretion.
11) Modifications to Web siteXcamy reserves the right at any time and from time to time to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Web site, Content, or Services, or any portion thereof, with or without notice. You agree that Xcamy will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Web site, Content, or Services.
12) Suspension and Termination RightsXcamy reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Web site, Content, or Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Xcamy shall not be liable to you or any third party for any such suspension or termination.
13) DisclaimerTHE WEB SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEB SITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Xcamy AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEB SITE OR ANY CONTENT OR SERVICES ARE ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, Xcamy EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITE. Xcamy DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Xcamy WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Web site is free of viruses or other harmful code.
14) Limitation on LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, Xcamy AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEB SITE. IN NO EVENT SHALL Xcamy, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF Xcamy ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEB SITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.)
YOU SPECIFICALLY ACKNOWLEDGE THAT Xcamy SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15) Notice Required by California LawPursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this Web site is Xcamy, Inc. 244 5th Ave. #1835, New York, NY 10001, 8008033978. Complaints regarding this Web site, or the Content or Services or requests to receive further information regarding use of this Web site or the Content or Services may be sent to the above address or to [email protected].
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16) Governing Law and DisputesThese Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Santa Clara County, California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE WEB SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Web site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Web site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Xcamy does not represent that the Web site, Content, or Services are appropriate outside the United States of America. Xcamy reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
17) Force MajeureXcamy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
18) Ability To Accept Terms of ServiceYou represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.