Eligibility
You must be eighteen (18) years of age
or over to use this website. Membership is void where prohibited. By using
and/or viewing this website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement and that you are at least 18 years old
(or 21 years old in any location where 18 is not the age of majority). The
materials that are available within this website should not be accessed by
anyone who is younger than 18 years old (or 21 years old where
18 is not the age of majority) or who is offended by such materials or who does
not wish to be exposed to such materials.
For more information on how to restrict
access to our website, please see our page on Online Safety and Age
Verification.
By using and/or viewing this website
you represent and warrant under penalty of perjury the following:
That you are an adult, at least 18 years of age (or
21 years where 18 is not the age of majority).
That you will not permit any person(s) under 18
years of age (or 21 years where 18 is not the age of majority) to have access
to any of the materials contained within this website.
That you understand that when you gain access to
this website, you
are voluntarily choosing to do so, because you want to view, read and/or hear
the various materials which are available, for your own personal enjoyment,
information and/or education. Your choice is a manifestation of your interest
in these matters which, you believe, is both healthy and normal and which, in
your experience, is generally shared by average people in your community. You
further represent and warrant that you are familiar with the standards in your
community regarding the acceptance of such sexually-oriented materials and the
materials you expect to encounter are within those standards. In your judgment,
the average person in your community accepts the consumption of such materials
by willing people in circumstances such as this which offer reasonable
insulation from the materials for minors and unwilling people, and will not
find such materials to appeal to a prurient interest or to be patently
offensive.
That you represent and warrant that you have not
and will not use and/or view the website(s) in a restricted location - namely a
place, country, or location in which doing so would, or could be deemed a
violation of any law, regulation, rule, ordinance, edict or custom.
Content
posted on this website
You understand and agree that the
Content displayed on MFC is primarily posted by third parties and MFC does not
pre-screen or preemptively monitor such Content. MFC
is not liable or responsible for Content posted by third parties.
MFC claims immunity from liability to
the fullest extent under the law and as provided under the Communications
Decency Act for Content posted by third parties and nothing in this Agreement
is intended to waive, remove, or usurp such immunity.
You understand and agree that MFC may
delete any Content that in the sole judgment MFC violates the Terms of Use or
which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of MFC, its employees, associates or users. MFC is not
responsible for any failure or delay in removing such Content.
This website may display images from,
or otherwise link you, to other websites on the Internet. These websites may
contain information or material that some people may find inappropriate or
offensive. These other websites are not under MFC's control, and you
acknowledge that MFC is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such websites. The
inclusion of such a link does not imply endorsement of the website by MFC or
any association with its operators.
You are solely responsible for the
Content that you post on this website or otherwise transmit to other MFC users.
By posting Content on this website, you
automatically grant, and represent and warrant that you have the right to
grant, to MFC and visitors of MFC, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity and Content and to prepare derivative
works of, or incorporate into other works and other media, such information and
Content, and to grant and authorize sublicenses of the foregoing.
Code
of conduct
You agree that you will not post, or
otherwise distribute or facilitate distribution of any Content that:
is illegal, unlawful, threatening, abusive, racist,
inflammatory, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates MFC's rules or policies;
infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited
advertising, 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 the 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;
contains information, material, or pictures of any
person who is not both older than eighteen (18) years old and over the age of
majority in such person's state, province, or country of residence; or
that is otherwise prohibited on our Rules and
Guidelines page.
You also agree that you will not:
harvest or collect information about the users of
this website;
use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk electronic e-mail
or communications;
knowingly solicit or collect personal information
from a minor under eighteen (18) years or age;
use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
without our prior expressed written permission;
use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of MFC;
take any action that imposes an unreasonable or
disproportionately large load on our infrastructure; or
act in bad faith against this website or MFC.
You further agree to use only your own
account to login to this website, establish a secure password, and to not make
your login credentials available to anyone else. You agree that you are
responsible and liable for any actions on your account even if they are
performed by a third party.
If you are on a computer terminal that
may be accessed by persons other than yourself, you agree to log out of the
website by clicking the Logout button, and not to allow the browser to
save or otherwise store your personal username and password.
If you access the website and find it
is already logged in under another account, you must immediately log out of the
website by clicking the Logout button.
Non-guarantee
of features and benefits
MFC does not guarantee that you will be
able to access or use any or all parts of this website, and you agree that MFC
shall have no liability to you whatsoever for any such inaccessibility.
Specifically, the availability of
recorded private shows and chat conversations ("Archives") are not
guaranteed in any way. Archives, along with any other feature or benefit of
this website, may become permanently inaccessible for any reason and you agree
that MFC shall have no liability to you whatsoever for any such inaccessibility,
and you may not seek a refund or any other transaction reversal due to such
inaccessibility.
Proprietary
rights and restrictions
You acknowledge and agree that all
content and materials available on this website are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary rights
and by other laws and that their use is restricted by the terms of this
Agreement. MFC, the MFC website, and the MFC product and service names are
trademarks and/or service marks of MFC (the "MFC Marks") and are
owned exclusively by MFC. You will not display or use the MFC Marks, in any
manner, without MFC's prior permission. Except as expressly authorized by MFC,
you agree not to record, sell, resell, exploit for any commercial purposes,
license, rent, modify, distribute, copy, reproduce, duplicate, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative
works from any portion of such materials or content. Systematic retrieval of
data or other content from this website to create or compile, directly or
indirectly, a collection, compilation, database or directory without written
permission from MFC is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in these Terms of Use is prohibited.
Specifically, all Content, video,
audio, and text appearing on the MFC website and may not be recorded or
disseminated in any way.
The term "MYFREECAMS.COM" is
registered trademark #3495750 with the U.S. Patent and Trademark Office and may
not be used except as expressly authorized by MFC.
Copyright
policy / DMCA notice
You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights or otherwise have a valid basis under the law, including
"fair use". Without limiting the foregoing, if you believe that your
work has been copied and posted on the MFC service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information consistent with the Digital Millennium Copyright Act (DMCA):
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you
claim has been infringed;
a description of where the material that you claim
is infringing is located on the our website including the URLs of web pages
and/or hyperlinks;
your address, telephone number, and email address;
a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
MFC's Copyright Agent for Notice of
claims of copyright infringement can be reached as follows: /wiki/File:Legalatmyfreecamsmail.gif
It is the intention of MFC to fully
comply with the DMCA, including the "notice" and "take down"
provisions and to benefit from the safe harbors
immunizing it from liability to the fullest extent provided by law, and to the
extent the "notice" and "take down" requirements above
deviate from the requirements under the DMCA then the "notice" requirements
as provided by the DMCA shall control and are herein incorporated by reference.
Reporting
violations of rights of privacy or publicity
If you believe that your privacy rights
or publicity rights have been violated by information or material that is
accessible on this website, you may notify MFC on the Contact Support page.
Disclaimers
of warranties
MFC, including its shareholders,
officers, directors, agents employees, subsidiaries and affiliated company, is
not responsible for any incorrect or inaccurate Content posted on the website
or in connection with the MFC service, whether caused by users, or by any of
the equipment or programming associated with or utilized in the service, nor
for the conduct of any user and/or member of the MFC service whether online or
offline. MFC assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user and/or
member communications. MFC is not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or at
any website or combination thereof, including injury or damage to users or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the website and/or in connection with
the MFC service. MFC offers no guarantee as to the confidentiality and security
of information that you may provide to MFC. Under no circumstances will MFC be
responsible for any loss or damage resulting from anyone's use of the website
or the service and/or any Content posted on the website or transmitted to MFC
users. The website and the service are provided "AS-IS",
"AS-AVAILABLE", and "AT YOUR OWN RISK" and MFC expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
MFC cannot guarantee and does not promise any specific results from use of the
website and/or the MFC service.
Limitations
of liability
Except in jurisdictions where such
provisions are restricted (and in that event liability is disclaimed to the
fullest extent permitted by law), in no event will MFC be liable to you or any
third person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use of the
website or MFC service, even if MFC has been advised of the possibility of such
damages. You further agree to hold MFC harmless for claims arising from the use
of MFC. Notwithstanding anything to the contrary contained herein, MFC's
liability to you for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any, by you to MFC
for the service during the term of membership.
Indemnification
You agree to be personally liable and
indemnify and hold MFC, and its parent, subsidiaries and affiliates and their
respective officers, directors, agents, co-branders and other partners,
contractors, and employees, harmless from and against any and all claims,
expenses, and demands, including attorneys' fees, made by any third party due
to, arising out of, or asserted in connection with your use or misuse of this
website, including claims relating to content you submit, post to or transmit
through this website, and your connection to and use of this website. MFC
reserves the right to have control of any defense and
control of any matter otherwise subject to indemnification by you. You agree to
cooperate with MFC in asserting any available defenses.
International
use
MFC makes no representation that
materials on this website are appropriate or available for use in any
particular locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this website from any
location do so on their own initiative, at their own risk, and are responsible
for compliance with local laws. If you use this website in a jurisdiction that
prohibits or restricts such use, your use will be subject to, without
limitation, any other provision of the Terms of Use, and MFC shall not have any
liability with respect to such use.
Choice
of law and forum
These Terms of Use shall be governed by
and construed in accordance with the laws of the Country of the Netherlands,
excluding its conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of this website shall lie only in the courts of the
Netherlands, and you further agree to and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
action.
Severability
and integration
Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and MFC with respect to
this website and supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and MFC with
respect to this website. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Term
and Termination
This Agreement shall be effective as of
the Effective Date and have an initial term of one (1) Year. This Agreement
shall be automatically extended for one (1) Year term(s) (the "Renewal
Term") any time that you enter the website. Unless terminated, this
Agreement shall be automatically extended for additional one (1) Year term(s)
upon expiration of the previous term.
MFC reserves the right to terminate
this Agreement for any time, for any reason, with or without cause. This
agreement may be terminated by an e-mail from you to MFC, or by an e-mail from
MFC to you, or by the deactivation of your account or username at the website
by MFC.
All rights granted by you to MFC during
the term of this Agreement shall survive the termination of this Agreement by
either party.
MFC reserves the right, in its sole
discretion, to terminate your access to all or part of this website, with or
without notice, for any reason, including, without limitation, if MFC believes
that you have violated or acted inconsistently with the letter or spirit of
these Terms of Use.
You acknowledge that MFC shall not be
liable to you or any third party for any termination of your access to this
website.
Upon termination, you will not be
entitled to any refund of any unused subscription fees or Tokens.
Even after this Agreement is
terminated, its provisions will remain in effect.
Privacy
Policy
Use of this website is governed by our Privacy
Policy which may change upon posted notice.
Notices
MFC may serve you notice by sending an
e-mail to your e-mail address on your account.