Terms and Conditions

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This Terms of Use Agreement (hereafter, "Terms of Use", "Agreement") is a binding contract between the parties responsible for operating this Internet website on the domain name MyFreeCams.com (hereafter, "MFC", "we", "us") and the person viewing or using our website (hereafter, "you").

By using this website, you certify your agreement to all terms, conditions, and notices contained or referenced herein. We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your use of this website following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

For purposes of the Terms of Use, the term "Content" shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information. The term "post" shall mean to publish, provide, display, upload, or otherwise transmit.

Contents

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) and you are interested in and wish to have access to sexually-explicit content. 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:

  1. That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
  2. 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.
  3. That you understand that when you gain access to this website, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. 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 sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults 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 adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
  4. That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
  5. 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:

  1. 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;
  2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  4. 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;
  5. 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
  6. that is otherwise prohibited on our Rules and Guidelines page.

You also agree that you will not:

  1. harvest or collect information about the users of this website;
  2. use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
  3. knowingly solicit or collect personal information from a minor under eighteen (18) years or age;
  4. 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;
  5. use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of MFC;
  6. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
  7. 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.

Transactions and Fees

All sales and transactions are final. MFC does not guarantee the availability of a refund, whether in website account credits (hereafter, "Tokens") or money, for any reason. MFC may provide refunds at its own sole discretion; however, it is under no obligation to do so. Please see our Billing Help page for more information.

Tokens have absolutely no cash value and are for entertainment purposes only. Unused tokens are not eligible for any full or partial refunds. MFC may modify the number of tokens held in your account for any reason(s), including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, technical errors, account inactivity, penalties or fines.

The fees for using this website are set forth and provided to you in the Instructions and Features page and in other places through out the website. MFC may change the fees, or introduce new fees at any time.

Any purchase you make at this website must be paid for using a payment method of which you are the owner or authorized signer.

You are liable and responsible for all purchases made on your account with MFC, regardless of whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase.

Any communication regarding a refund or transaction reversal must be made to MFC support at our Contact Support page. Inquiring about, requesting or receiving any transaction reversal, refund or charge-back from the payment processor, credit card, bank, or any other entity other than MFC is strictly prohibited and will constitute fraud and an intentional breach of this agreement, for which MFC will pursue full legal remedies.

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. Please see more MyFreeCams.com Trademarks.

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):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. 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;
  4. your address, telephone number, and email address;
  5. 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
  6. 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: 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.

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify MFC on the Contact Support page.

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.

You may serve notice to MFC by sending an e-mail to File:Legalatmyfreecamsmail.gif.

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