Camoflix Terms of Service
3. Accessing the Service and Account Security. We reserve the right to withdraw or amend the Service, and any material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You are responsible for asking all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You may never use another's account. Camoflix will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of Camoflix or others due to such unauthorized use.
4. Permissions and Restrictions on Your Use of the Service. In your use of the Service, you will comply with all applicable laws. Camoflix hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that you shall not: (A) alter or modify any part of the Service; (B) distribute in any medium any part of the Service or the Content without Camoflix's prior written authorization, unless Camoflix makes available the means for such distribution through functionality expressly offered by the Service; (C) access Content through any technology or means other than the video playback pages of the Service itself, the Camoflix Player, or other explicitly authorized means Camoflix may designate; (D) sell access to the Service unless you obtain Camoflix's prior written approval; (E) sell advertising, sponsorships, or promotions placed on or within the Service or Content unless you obtain Camoflix's prior written approval; (F) sell advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Camoflix appears on the same page and is of sufficient value to be the basis for such sales; (G) modify, build upon, or block any portion or functionality of the Camoflix Player, including but not limited to links back to the Camoflix website, when using the Camoflix Player on your website. Prohibited commercial uses do not include: (X) uploading an original video to Camoflix, or maintaining an original channel on Camoflix, to promote your business or artistic enterprise; (Y) showing Camoflix videos through the Camoflix Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Sections 4.E and 4.F; or (Z) any use that Camoflix expressly authorizes in writing.
With your use of the Camoflix Uploader or Camoflix Player, you consent to the automatic download and installation of updates of the Camoflix Uploader or Camoflix Player from time to time from Camoflix. These updates are designed and intended to improve, enhance and further develop the Uploader and the Player and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Camoflix servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Camoflix grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Camoflix reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
5. Your Use of Content
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Camoflix, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Camoflix on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Camoflix or the respective licensors of the Content. Camoflix and its licensors reserve all rights not expressly granted in and to the Service and the Content in these Terms of Service or otherwise in writing from Camoflix.
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.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Camoflix 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, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Camoflix with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Camoflix, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct. All User Contributions must comply with the Content Standards set out in these Terms of Service. Any Content you post to the site will be considered non-confidential and non-proprietary. By providing any Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free license and right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Content or any part thereof for any purpose. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
You understand and acknowledge that you are solely responsible for any Content you submit or contribute, and you, not Camoflix, have full responsibility for such Content, including its legality, reliability, accuracy, appropriateness and your legal rights or permissions to copy, post or distribute such Content. We are not responsible or liable to any third party for the Content or accuracy of any Content posted by you or any other user of the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Camoflix all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You further represent, warrant and agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Camoflix all of the license rights granted herein.
Camoflix does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Camoflix expressly disclaims any and all liability in connection with Content. Camoflix does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Camoflix will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Camoflix reserves the right to remove Content without prior notice.
Content Standards. These content standards apply to any and all Content submitted to the Service. Content you submit must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, inappropriate violence, disrespect for game hunted, disrespect for the practice of hunting, or discrimination based on race, sex, religion, nationality, disability or age.
Contain ideological, political or moralistic objections to hunting or the shooting and killing of animals, or content negatively reflecting upon or negatively portraying hunting, Camoflix or the Service.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
The Service provides a forum for posting hunting videos and related Content. Hunting has long been a cherished part of America's cultural heritage, a beloved, respected and dignified sport, and a means of securing food and other useful goods. The Service is intended as a forum for posting hunting videos and Content, and is not intended to be a forum for ideological, political or moralistic objections to hunting or to the shooting or killing of animals, or content negatively reflecting upon or negatively portraying hunting, Camoflix or the Service.
7. Monitoring and Enforcement; Termination. We have the right to:
Remove or refuse to post any Content for any or no reason in our sole discretion.
Take any action with respect to any Content or user activity that we deem necessary or appropriate in our sole discretion, including if we believe that such Content or activity violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Camoflix.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS CAMOFLIX AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review Content before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by you or any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices and Counter-Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.
The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Such policy does not affect our reservation of rights to terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
9. Warranty Disclaimer. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAMOFLIX NOR ANY PERSON ASSOCIATED WITH CAMOFLIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER CAMOFLIX NOR ANYONE ASSOCIATED WITH CAMOFLIX REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SERVICES OR CONTENT OF ANY SITE LINKED TO THE SERVICE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CAMOFLIX 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) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CAMOFLIX 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 CAMOFLIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, CAMOFLIX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CAMOFLIX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CAMOFLIX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Service is controlled and offered by Camoflix from its facilities in the United States of America. Camoflix makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity. You agree to defend, indemnify, and hold harmless Camoflix, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your access and use of the Service, including, but not limited to, your Content or other communications with the Service, any use of Content, services, and products other than as expressly authorized in these Terms of Service, your use of any information obtained from the Service or third party links to the Service, your violation of any third party right, including without limitation any copyright, property or privacy rights, or any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, 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 of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
13. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Camoflix without restriction.
14. General. You agree that: (i) the Service shall be deemed solely based in Missouri; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Camoflix, either specific or general, in jurisdictions other than Missouri. These Terms of Service shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. Any claim or dispute between you and Camoflix that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Jasper County, Missouri. These Terms of Service, together with the Privacy Notice at camoflix.com/privacy-policy and any other legal notices published by Camoflix on the Service, shall constitute the entire agreement between you and Camoflix concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Camoflix's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Camoflix reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CAMOFLIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Paid Service Terms. Camoflix provides certain premium features or content in exchange for a one-time or recurring fee, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the "Paid Services"). Each time you place an order and complete a purchase for a Paid Service (including when you order individual subscriptions or items of content), you enter into and agree to a separate binding contract for services on terms of these Terms of Service.
Payment: Camoflix accepts payment via the current payment method indicated prior to purchase, which may include Stripe and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase Paid Services or participate in free trial offers or other free offers related to the Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Camoflix or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and Camoflix does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Camoflix will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes or third-party fees. If you purchase any automatically renewing subscriptions, you agree that Camoflix will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Camoflix reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Camoflix may cancel your subscription.
Taxes: You agree to pay Camoflix for any taxes Camoflix is required to collect or pay in connection with your purchase of a Paid Service. You are solely responsible for reporting and paying any taxes Camoflix is not required to collect or pay in connection with your purchase and use of a Paid Service.
Refunds: You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Paid Service ordered and you make your request no later than 7 working days after your order is completed. Please note that if your order includes a free trial (as described below), the 7-day period for requesting a refund begins at the beginning of the free trial, not when you are subsequently billed for the Paid Service. Requests for refunds must be directed to our customer support team by contacting the customer support team at camoflix.com/help. We reserve the right to approve or deny refund requests after 7 working days at our sole discretion, except where the Paid Service is defective. In the event a refund is issued after 7 days for any subscription Paid Service, you may be issued a partial refund that is pro-rated for the remaining time left on the subscription. If you receive a refund for any reason, Camoflix reserves the right to terminate your access to the relevant Paid Service purchased.
Subscription Cancellations: If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
Free Trials: Camoflix may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
License. You agree not to use any Paid Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Paid Service and all rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by Camoflix and its licensors. If Camoflix reasonably determines that you violated any of the terms and conditions of the Paid Service Terms, your rights under this Section 15(F)will immediately terminate and Camoflix may terminate your access to the Paid Service and/or your Camoflix account without notice and without refund to you.
Restrictions. When you use the Paid Service, you may not (or attempt to):
use the Paid Service in an illegal manner or for an illegal purpose;
share your Camoflix account password with someone else to allow them to access any Paid Service that such person did not order;
copy, sell, rent, or sublicense the Paid Services to any third party;
circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Camoflix uses to protect the Paid Service or encourage or help anyone else to do so;
access the Paid Service other than by means authorized by Camoflix; or
remove any proprietary notices or labels on Paid Services.
Changes or Discontinuation of Paid Services. Camoflix reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund as described above.
Removal or Unavailability of Content. In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. Camoflix will have no liability to you for any such unavailability. In the case of video rentals and purchases, if this happens during your rental period or during the first five years after you purchase content, you may request either a refund of the price paid or a reasonable replacement for such otherwise unavailable rental or purchased content. For all other Paid Services, if you are not able to download a copy of the affected content (if applicable) before it becomes unavailable, then Camoflix may, at its option and solely as an accommodation to you, offer you either (a) a reasonable replacement of the content if possible or (b) a refund of the price of the content. If Camoflix chooses to issue you a refund or replacement, the refund or replacement of your purchase price shall be your sole remedy.
Changes to the Paid Service Terms. We may also change these Paid Service Terms from time to time so we encourage you to periodically review the most up-to-date version at camoflix.com/terms. If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.
You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, Camoflix will have no liability to you for any content that you find offensive.
The Paid Services are being provided by Camoflix, LLC, reachable via mail at:
Complaints and/or feedback about your Paid Service experience may be sent to the address above or provided online as described above. You may also contact our customer support team by visiting camoflix.com/help.
You agree that you are solely responsible for (and that Camoflix has no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which Camoflix may suffer) of any such breach.
You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Camoflix. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND CAMOFLIX AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL CAMOFLIX OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY CAMOFLIX FROM YOU FOR THE PAID SERVICES.
Unless not permitted by applicable law, you acknowledge and agree that that these Paid Service Terms, your transaction for the Paid Service, and your relationship with Camoflix under these Paid Service Terms shall be governed by the laws of the State of Missouri, U.S.A., without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Service and the Paid Services will be decided exclusively by a court of competent jurisdiction located in Joplin, Missouri, U.S.A.
16. ADVERTISERS. All advertisements on Camoflix must conform our Terms of Service, including Content terms and Content Standards included in Section 6 and be appropriate for a general audience of Camoflix users aged 13 or older. We reserve the right to change our advertising policies at any time without prior notice, and encourage you to check back often to read the latest updates.
We reserve the right to reject or approve any ad, and to suspend or disable any promotion or promotional campaign, for any reason. We also reserve the right to remove any ad from the site that we deem inappropriate. Please note that it is your responsibility to ensure that your ad complies with these Terms of Service, and refunds will not be issued for promotions where the related ads or videos are disabled or suspended as a result of violations. You represent and warrant by your use of Camoflix or its advertising programs that your website, videos, and/or advertisements comply with all applicable laws and regulations (including any relevant self-regulatory or industry guidelines).
A. Adult Content in Ads. Advertisements containing adult or sexually explicit or offensive content, or promoting such content, are prohibited. Whether an advertisement contains or promotes adult or sexually explicit or offensive content is determined by Camoflix in its sole discretion on a case-by-case basis (regardless of whether or not the ad complies with government regulations on this kind of advertising) and Camoflix reserves the right to disable or suspend any video, advertisement or other content on the grounds that it has determined the ad contains or promotes such content.
B. Age Targeting and Ads. Camoflix may offer or require that a video or brand channel be placed behind an age gate so that only 'of age' users logged-in to our site with a Camoflix account can access the content. Camoflix will allow advertisers in the alcohol, gaming and movie industries to build a custom age gate in a homepage ad as these are highly regulated industries where the Camoflix age gate may be insufficient in complying with industry regulations (e.g. video game advertisers that need to comply with ESRB guidelines on a mature-rated game). Advertisers in all other industries are required to use the standard Camoflix age gating features available at the brand channel and video watch page levels.
C. Alcohol Advertising. Camoflix allows alcohol advertising that promotes the branding and sale of alcohol with some restrictions (described in more detail below). Campaigns may only target countries where these ads are permissible under applicable laws and regulations and all ads must comply with local restrictions.
In all cases where promotion of alcohol is permitted, the following conditions must be met:
Ad must act in compliance with all applicable laws and industry standards for each location that you are targeting.
Ad must not target individuals below the legal drinking age.
Ad must not imply that drinking alcohol can improve social, sexual, professional, intellectual, or athletic standing.
Ad must not imply that drinking alcohol provides health or therapeutic benefits.
Ad must not portray excessive drinking in a positive light or feature binge or competition drinking.
Ad must not show alcohol being consumed in conjunction with the operation of a vehicle of any kind, or the operation of machinery, or the performance of any task requiring alertness or dexterity.
Ad must not depict violent or degrading behavior.
Please note that products which are marketed in the same way as alcoholic beverages, regardless of alcohol content, are subject to our alcohol policy. Examples include low-alcohol and non-alcoholic beer and wine, as well as low-alcohol and non-alcoholic cocktails.
Alcohol advertisers who wish to use an age gate on their homepage, brand channel and/or video may do so under our age gate policies.
D. Embedded Third-Party Sponsorships and Ads in Camoflix Content; Paid Product Placements and Endorsements. You are not permitted to include promotions, sponsorships or other advertisements for third party sponsors or advertisers in your videos, except as permitted in connection with Camoflix Sponsor promotions or otherwise upon written consent of Camoflix. Camoflix reserves the right to disable monetization and/or remove videos with such unauthorized third party promotions, and in any case you may include paid product placements or endorsements as part of their content only if they comply with our advertising policies and any applicable legal and regulatory obligations. In addition, creators and brands are responsible for understanding and complying with their legal obligations to disclose Paid Promotion in their content, including when and how to disclose and to whom to disclose.
E. Flash Cookies. You may not use locally shared object (LSO) technologies (including but not limited to flash cookies, browser helper objects, or HTML5 localStorage) for behavioral advertising, ad delivery, reporting, and/or multi-site advertising because these are not exposed via typical browser user controls.
F. Mimicking Camoflix Site Elements. Ads cannot mimic Camoflix site elements in any way, shape or form.
H. Restricted Products. Camoflix considers some products and advertising content to be inappropriate for promotion or display on the Service. Camoflix reserves the right to remove, refuse or restrict any ad for any or no reason.
I. Scams and Phishing for Personal Information. Advertising is not permitted for sites collecting sensitive personal information or money with fake forms, false claims, or unauthorized use of Trademarks. Examples of personal information include email addresses, user names, passwords, and/or payment information.
J. Social Media and Third-Party Applications. Ads or brand channels which include social media from third party sites or applications may only incorporate content which is owned and controlled by the advertiser. When ads or brand channels incorporate third-party applications or APIs, all ads must meet the following criteria: (i) Advertiser must be wholly compliant with third party's terms and/or have third-party approval where applicable; (ii) Advertiser must use an approved or official version of the API or application; (iii) Advertiser may not pass any data from the third party either to or through Camoflix's servers. Camoflix reserves the right to deny the use of any third-party application or API in its sole discretion.
K. Software Downloads. You cannot make software available for download unless: (i) the recipient is made clearly and conspicuously aware of the software to be downloaded, its functionality and its origin, and the recipient is given the express opportunity to opt out of downloading the software; (ii) the software provides simple, obvious, free and complete means of removing the software; (iii) any advertising in the software is conspicuously identified as such; (iv) the software clearly and conspicuously notifies the recipient of any collection information or data it may perform, requires the recipient's opt-in with respect to collection of personal information; (v) the software complies with all applicable law and regulations, including but not limited to laws and regulations concerning data privacy; (vi) does not cause or result in fee-based downloads without the recipient's prior consent to pay; and (vii) any software bundled with the software meets these terms and conditions. Additionally, we only allow file downloads that can be "universally" opened, i.e. no special software is required to download the file, with an exception of (1) iTunes Store, (2) Flash plug-ins required to view page, and (3) PDF files provided that the ad clearly identifies the download as a PDF.
L. Solicitation of Funds. Only government-registered charities can solicit funds.
N. Camoflix Name and Logo. You cannot use the Camoflix logo in any advertisement or communication without our written consent.Dated: 05/23/2017