Загальні умови - CameraLux США
The following Terms and Conditions govern your use and access to the https://www.www.cameralux.com.ua/), Network (“Network”) of websites (such sites are collectively referred to herein as the “Sites” and each individually a “The Site”).
IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing, or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You may use and access the Sites only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Sites and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Sites.
All persons who navigate to and use the services on CameraLux (https://www.www.cameralux.com.ua/), also referred to as “The Site” are bound to the Terms and Conditions set out in this document, also referred to as “Terms”, “Agreement”, or “User Agreement”. These Terms are a binding agreement between individuals, businesses, and organizations, also referred to as “Guests”, “You”, or “Users” and 1001 Servicos Digitais Eireli - ME, also referred to as “The Company”, who operate under the laws of the Brazil and whose principal offices are located at Av Engenheiro Luiz Carlos Berrini, 1140, Andar 07 Sala 707, Cidade Moncoes, Sao Paulo, SP, CEP 04571-000, Brazil
The Company provides agency and facilitation services to hosts, referred to as “The Hosts”, or “Hosts”, on the agreement that Hosts provide Host Services (defined below in paragraph 1c) to Guests of The Site. The Company also provides Guests with the ability to purchase credits, referred to as “CameraLux Credit”, which may be used to buy Host Services from Hosts on the Site. Hosts may make use of the Company’s chat communication systems (video/text/audio), referred to as “Chat System” including an online communications application, referred to as “The Application” to communicate with Guests and to provide further information and/or content to Guests. Guests may also initiate communication with Hosts, including pre-scheduled chat or video sessions, in order to request information or content. Upon the acceptance of a Guest by a Host into a Host-Guest Chat Session, also referred to as “HGCS”, the Application enables the Host to connect with the Guest via the Internet and provide information or content via the Chat System. Guests may also enable the Chat System to communicate with Hosts via text, audio, and/or video. The Application also allows for more than one Guest to connect to a single Host at any one time.
All Host Services are provided by and remain the sole responsibility of the Host and the Company does not provide any such Host Services to any Guest who uses the Site. The Company acts as an agent on behalf of the Hosts who are registered on the Site during the applicable period of time, referred to as the “Community of Hosts”, in accordance with this Agreement and facilitate the purchase of credits, CameraLux Credits and other services. In all cases CameraLux Credit expires 30 days from the date of purchase or after a shorter period of time as set out in this Agreement. CameraLux Credit may be used in some cases on any of the Sites affiliated websites. CameraLux Credit is only a payment method and does not constitute a service, goods, or right in itself.
The Agreement as set out in this Document comprises of the entire and fully up to date Agreement between You and the Company, superseding any prior agreements between You and the Company or any predecessor company. Additional rules and regulations may apply upon the use of specific Services across the Site and in relation to any Host-Guest Agreement that is stated in conjunction with the receipt of Host Services. The Company, on behalf of themselves and the Community of Hosts, retain the right to vigorously enforce all rules and conditions.
These Terms and Conditions include disclaimers, found at Sections 7, 8, 9, and 10, as well as provisions, found at Section 8.
The Company may, without any prior notice, alter or change these Terms and Conditions. In addition, the Company in its capacity of agent to the Community of Hosts, change the Host-Guest Agreement, including billing by Hosts and payment to Hosts by Guests using CameraLux Credit. By using our Services, you agree to check the Terms and Conditions, applicable Host-Guest Agreement, and relevant rules and regulations for any changes. If you do not wish to continue to use our Services due to changes in these Agreements, you may terminate your membership with the Company immediately. However, continued use of the Site and Services provided by the Company imply your agreement to such Terms.
When using the Site you acknowledge that the Site is an audio, video, and text service as well as a chat platform intended to fulfil user fantasies exclusively online. It is not intended as a dating site or to facilitate relationships outside of the Site. In all cases of such relationships occurring, including but not limited to the bypassing of our billing system and/or transferring money outside of the Site, the User and any other parties involved assume sole responsibility.
The Company, in its capacity as agent to the Community of Hosts, may at any time change the campaign rules without any prior notice. All changes to campaign rules and any such campaigns are bound by these Terms and Conditions.
By using our Services, you agree and acknowledge that the Company does not control any or all of the information and content provided by Hosts or Guests while in any HGCS.
In respect to 18 U.S.C 2257, please read our 2257 statement which can also be found on the homepage of the Site.
The Company provides and makes the Site available to You in its role as agent of, and at the request of, the Community of Hosts. Although some parts of the Site are free to browse and use, there are certain sections of the Site (such as participation in any HGCS, some features, and some services) that may not be free of charge and are subject to the terms of the Host-Guest Agreement.
I. Adult Entertainment
The Sites offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”), and that you have the legal capacity to enter into this agreement. If you have not attained the Age of Majority, you must exit the Sites immediately and may not use or access all or any part of the Sites for for any reason nor may you print or download any materials or purchase any materials (as defined below) from the Sites.
III. No Child Pornography
You understand that all models appearing on the Sites are, and were at the time of all recorded images, at least 18 years of age, and that the Sites contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you believe that you see any images, real or simulated, depicting minors engaged in sexual activity within the Sites, please report to email@example.com Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
IV. Protected Speech
You further acknowledge that the Sites contain only images protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave this Site immediately.
V. Trademark Information
The names of the Sites are the trademarks of Network (collectively, the “Network Marks”). All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. The Network Marks may not be used except with express written permission from Network, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Network.
The material and content accessible on the Sites, and any other World Wide Web site owned, operated, licensed, and/or controlled by Network (collectively, “Materials”) are the proprietary information and valuable intellectual property of Network or the party that provided the Materials to Network (collectively, the “Materials Owner”), and the Materials Owner retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Network, except that you may print out a copy of the Materials solely for your personal use. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of all or any portion of the Materials except as expressly provided in these Terms and Conditions violates Network’ intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Network or its content suppliers and is protected by United States and international copyright laws. The compilation of content on each Site is the exclusive property of Network or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
To enable the Community of Hosts to provide Host Services through the agency of the Company, and to facilitate Services by the Company to the Hosts, You agree that You do not have any ownership, claim, or proprietary interest to any and all of the information and content on the Site. All information and content on the Site is owned by either the Company or the various Hosts and is subject to an agreement of ownership between the Company and the Hosts in such cases. Any content provided by You is licensed to the Company, as stated in Section 4d below, and You maintain no rights, claim, demands, or suits in respect to such content.
The Company does not pre-screen or review and is not responsible for the content and information published and/or displayed for any Host Services, including any HGCS, or other features of the Site. The Company, however, maintains the right to remove any such content without notice and is entitles to ban, remove, or cease Your ability to use the Site and any Host Services in the event that any content used in HGCS in which you participated is considered harmful, rude, offensive, or violates this Agreement in any other way.
All materials found on the Site are copyrighted and considered valuable intellectual property. They are protected under treaty provisions and worldwide copyright laws and as such may not be reproduced, copied, edited, transmitted, published, or uploaded without the express written consent of the Company. By submitting content and/or information to any public area of the Site, including but not limited to forums, message centers, and video chat rooms, you grant the Company explicit, royalty-free, irrevocable, non-exclusive rights and license to reproduce, use, modify, adapt, translate, publish, create derivative works from, distribute, communicate to the public, perform, and display such content and/or information and/or to incorporate the content and/or information in any form, media or technology, for the full term that any such right exist.
The names “CameraLux” and “CameraLux.com.br” along with other brand names on the Site are protected by trademark law.
Some content found on the Site is unsuitable for minors. Guests acknowledge that the Company does not intend to and cannot prevent anyone from viewing the content on the Site and therefore cannot be held liable for any of the content provided by Guests and/or Hosts on the Site. However, the Company may at its discretion monitor all content on the Site.
In the event that the Company determines that conduct by a Guest restricts or inhibits another Guest and/or Host, person, or entity from enjoying or using the Site or any Host Services, the Company has the right to ban, suspend, or cease some Services to such a Guest or to close the account of such a Guest immediately and without notice.
Use of the Site and Services by Guests should remain lawful at all times. Under no circumstances should Guests use the Site and/or Host Services and/or their account to do the following:
Promotions and Campaigns
On occasions the Site may offer promotions and/or campaigns available to the Guests. The length and eligibility of the promotion and/or campaign is solely determined at the Site’s discretion. All promotions and/or campaigns are subject to the Guest’s purchase limitations and refer to CameraLux Credit only.
Any Guest who commits fraud, violates the terms in this Agreement and the Site’s acceptable usage policy. A Guest who has committed fraud will have their account terminated, be disqualified from participation in promotions and/or campaigns, and will lose any entitlement to bonus credits and/or rewards. At the sole discretion of the Site, a Guest may have to provide documentation prior to participating in a promotion and/or campaign.
The Site maintains the right to amend, change, or alter any promotion and/or campaign and/or cancel the promotion and/or campaign at any time without prior notice. Guests will not be entitled to any compensation in such cases.
Participation in any promotion and/or campaign may limit participation in any future promotions and/or campaigns run by the Site.
New Guest promotions and/or campaigns apply to Users who are singing up for the first time only. Guests with previous paying accounts on CameraLux and/or its affiliates are excluded from such promotions/campaigns.
New Guests who sign up to the Site using a fake and/or disposable email address are not eligible for any new Guest promotions and/or campaigns.
The Company reserves the right to revoke any bonus credits and/or rewards from Guests who have used it and/or acquired it due to a system error and/or illegitimate actions. The Company also reserves the right to terminate any promotion and/or campaign without any prior notice at any time.
Limitation of Liability
Under no circumstances will the Company, its affiliates, suppliers, or the Company’s, affiliate’s, and/or supplier’s officers, directors, employees, shareholders, agents, representatives, licensors, successors, and/or assigns be liable to You or any third party for any damage including, but not limited to, indirect, direct, special, punitive, incidental, or consequential damages, including, but not limited to, damages for loss of business profits, business interruptions, loss, vandalism, or theft of any programs or information, and any other form of damage, including damages arising in connection with or availability or use of, reliance on, or inability to use the Site and/or any Host Services. This includes the event that that Company is made aware of the possibility of such damages and any actions taken or not taken in contract, tort, equity, or otherwise. If you are dissatisfied with the Site and/or any Host Services, or You have a dispute with the Company and/or any Host in connection with these Terms and Conditions, it is your sole responsibility to cease using the Site and the Host Services.
Third Party Links and Products
In connection to or via the Site and/or communication services we may provide Guests with links to sites and/or offers from third party products and/or services. We maintain no control over the content on such sites or the products and/or services on such links and do not endorse:
VII. Access to Sites, License to View Materials
To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If Network believes the information you provide is not correct, current, or complete, Network has the right to refuse you access to these Sites and/or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, Network hereby grants you a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. Subject to Section IX (F), provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent unauthorized access to the Sites and copying of any of the Sites, and/or any of the Materials contained therein. If the membership only portion of any Site is accessed by anyone other than an accountholder, Network may terminate your membership to all or any of the Sites. Any unauthorized use of a Site and/or any of the Materials terminates this limited license effective immediately. This license granted herein is specific to you and such license is in no way a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
VIII. Restrictions on Use of Sites
You may only use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including, without limitation, any commercial purpose or on any third party website, without Network’ express prior written consent. Without the express prior written authorization of Network, you may not:
(a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental or other form of distribution whether for a fee or otherwise; (d) distribute or otherwise share the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using Network’ name or marks; (h) “deep-link” to any page of any of the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to any restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on any or all of the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Sites or Materials except and only to the extent required by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with Network in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
Sections of the Site and communication services are intended for use solely by consenting adults over the age of 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old) who are interested or wish to gain access to images, audio, descriptions, videos, and other features and/or products of a sexually explicit nature, referred to as “The Materials”. The Materials, including features, services, and products which can be accessed via the Site and Host Services may include graphic depictions and descriptions of a highly sexual nature and should not be viewed by anybody under the age of 18 years old or as stated above or those offended by such Materials. By joining, accessing, using, or viewing the Site you are bound by the following statement:
“Under penalty of perjury, I swear/confirm that as of this moment I am an adult of at least 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old). I promise that I will not permit any persons under the age of 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old). To gain access to any products, features, or Materials featured on the Site or via the Host Services. I understand that by accessing this Site I will be exposed to Materials of a graphic and sexual nature and am voluntarily choosing to view such Materials because I wish to view, read, and/or hear such Materials and/or order and enjoy the use of such Materials personally. This choice is solely my own and is a result of my interest in sexual matters which I believe is both healthy and normal and is shared by an average number of adults in my community. I understand the standards in my community in regards to acceptance of such sexual Materials and the Materials I expect to see are within those standards. I will provide reasonable insulation from the Materials for minors and unwilling adults and will not find such Materials to be blatantly offensive. I further represent and warrant that I have not notified any governmental agency, including the United States Postal Service that I do not wish to receive sexually explicit Materials.
IX. Member’s Account and Account Information
You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, Network or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Network of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or Network or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Network has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Sites.
All Guests on the Site confirm to the Company, in both its capacity as an agent to the Community of Hosts and on its own accord, that you are at least 18 years of age. Guests also agree to provide any and all information regarding billing and registration accurately, completely, and up to date. Any information provided by Guests that is found to be inaccurate, untrue, or not up to date shall be banned from using the Site, Services, and from participating in any HGCS, as well as being subject to both civil and criminal liability.
All new Guests are required to create both a username and password at the time of registration. It is important to note that the username chosen will be displayed in public areas of the Site and therefore Guests may not use the name of another individual, a name that violates a third party’s intellectual property rights or a username that may be considered inappropriate or offensive to others.
Emails and Spam
The Company maintains a strict policy which forbids any third party from sending any form of spam, promotional emails, or marketing materials on behalf of the Company or Site, either solicited or unsolicited. The Company goes beyond preventing and prohibiting spam and does not let any third party send emails on our behalf. The Company only send emails to persons who are registered on the Site. These combined form our strong anti-spam stance.
The Company does allow Guests to send a small number of emails to friends and family via the Site. However, this function is quite limited, allowing only a small number of messages to be sent and therefore abuse is not tolerated. Any abuse of this function will result in the Company banning, suspending, or cancelling your account. Violations should be reported via our contact page.
As sections of the Site contain adult material, the Company has designed the Site displaying warnings that Guests must be of legal age before entering an adult section of the Site. Should You place a web page or URL from the Site into a temporary file on your browser as a bookmark so that you can return at a later date, it may result in the warning being bypassed. Use of such bookmarks means You understand that such warnings may be bypassed. It also means that some links, such as those to the Terms and Conditions and/or Host-User Agreement may be bypassed. You also understand that should You bookmark a web page, the Terms and Conditions and Host-User Agreement remain applicable to your continued use of the Site.
Disclaimer of Warranties
The Site and any Host Services under the Host-Guest Agreement are provided to you “With All Faults”, “As Is”, and “As Available” without warranty of any kind, either express or implied and to the fullest extent under applicable law. We specifically disclaim any and all warranties including, but not limited to:
This disclaimer of liability applies to any damages or injury caused to You or to any third party including without limitation as a result of malfunction of performance, bug, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction or unauthorized access to, alteration, inaccessibility or loss of, use of data, information, and/or records, whether in breach of contract, tort, negligence, and/or under any other cause of action. We specifically do not warrant or guarantee:
It is your sole responsibility to execute virus software and/or anti-contamination software and take other steps to ensure that the Site and/or any Host Services, if infected or contaminated, do not damage your system or information.
The Company retains the rights and ownership of all screen names used on the Site.
When joining the Site, you may be requested to download a small program, also referred to as the “User Software”, which the Company may use to recognize and identify some of your personal details. This User Software is part of the Company’s fraud prevention policy.
Upon registration you must also provide the Company with a valid email address. This is used for both Site verification purposes and for services quality assurances. By providing an email address you are allowing the Company to send you verification emails as well as emails from the message center that has been at the request of a Host. By signing up for membership on the Site you agree to receive emails from the Site’s commercial interests about the Services and Products of both the Site and its partners.
All members are solely and entirely responsible and liable for all actions undertaken while on the Site, including but not limited to any HGCS conducted using your account. Guests on the Site may not allow other people to use their account and are responsible for keeping their username and password confidential. Guests may not assign or transfer any of their rights, as stated in both this Agreement and the Host-Guest Agreement, their username, or their password to any other person or entity. In such a case where your details have been accessed or are known to another individual or entity through theft, loss, or unauthorized disclosure, You must inform the Company immediately.
Guests who have received bans and are not permitted to use the Site or participate in any HGCS may not access the Site or receive any Host Services without the explicit written consent or permission from the Company.
You may cancel your Guest account on the Site at any time by logging into your account and visiting https://www.www.cameralux.com.ua/webcam/join. All Guests who cancel their account on the Site remain liable for all payments due to the Company from that account as well as any liabilities arising from this Agreement or any Host-Guest Agreement.
The Company reserves the right to cancel, suspend, or delete any Guest account at any time. In the event that the Site and/or Host Services are cancelled or suspended, all Guest accounts on the Site will be terminated immediately without any prior notice from the Company. In such a case, Guests will remain liable for all payments due from their Guest accounts as well as any liabilities arising from this Agreement or any Host-Guest Agreement.
Charges, Billing, and Payments
The Company does not charge any basic fee for browsing or using the Site. However, charges may apply for Host Services provided by the Hosts on the Site, in accordance with the terms of the applicable Host-Guest Agreement. The applicable rates or methods by which the rates are determined are usually described at the location of a paying service on the Site.
Guests may view all records of the time spent using Host Services and other paid features on the Site along with the status of their current CameraLux Credit balance in the “My Account” area after logging into their account. For any billing enquiries, please contact the customer service department using the contact page.
Guests may purchase CameraLux Credit in accordance with the terms of this Agreement by credit card, via money transfers made directly to the Company’s bank account, or by prepaid payment made via third parties. All credit card payments are processed via the Company’s third party processor (SegPay), which is fully secured, encrypted, and guaranteed to ensure privacy during all transactions. Purchases will show on bank and credit card statements as either “SegPay” or “SegPay-EU”. Depending on your bank or credit card provider you may incur additional fees in connection with transactions which is not associated with the Company. The terms of your credit card issuer agreement remains valid during all transactions and will inform you of your rights, liabilities, and any fees incurred during transactions. All components of charges may be accessed in the account area of your account after logging in.
Guests remain responsible for all charges and purchases on the site. The Company does not take any responsibility for charges paid by Guests.
In the case of a chargeback resulting from a purchase you have made for CameraLux Credit, the Company reserves the right to cease your use of any Services, the Site, or Host Services, as well as to terminate your account with immediate effect. Should you have any questions regarding a purchase made using your account or credit card, please contact the Company directly using the contact page.
The Company, in its capacity as agent for the Community of Hosts, does not offer refunds from Hosts to Guests except in the case of exceptional circumstances. In some cases, the Company, in its capacity as agent for the Community of Hosts, may issue a refund to Guests in the form of CameraLux Credit, at its discretion.
Any Guest who registers for a Host Discount Club where the Host is temporarily and/or permanently unavailable on the Site, the Company will not offer any refunds from the Host concerned. Host Discount Clubs are a Service provided by the Host to Guests and the Company does not dictate any charges for parties who use such Services.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Network will not release your password for security reasons. You agree to (a) immediately notify Network of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Sites under your account until you notify Network by email regarding such unauthorized use. Unauthorized access to the Sites is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Sites upon request as required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.
You agree to pay all membership fees when due according to the billing terms. Network posts the current membership fees for each Site as part of the registration process. Network reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Network reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing Network for all credit card charge backs, dishonored checks and any related charges. You authorize Network and its agents to make payments for the services provided to you through the Sites by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of Network’ goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to Network or the Sites when you have an outstanding charge to Network shall make you liable to Network for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
E. Refund Policy
Network does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by Network or our authorized agents provides extensive credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
F. Download Limit
We reserve the right to restrict the amount of Materials which may be downloaded by your account at any time.
You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Sites. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Sites to which you were a member.
Network may terminate your access to a Site at any time, with or without advance notice, if: (a) Network believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) Network decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither Network nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by Network, you will not attempt to re-register as a member without prior written consent from Network.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NETWORK MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT NETWORK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NETWORK DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. NETWORK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. Limitation of Liability
IN NO EVENT SHALL NETWORK (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF NETWORK HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETWORK’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Network, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. Network shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Network may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
You agree to indemnify and hold the Company, owners, and operators of the Company, and the Site, as well as their officers, directors, and employees harmless against any and all expenses and/or losses. This includes reasonable attorney fees incurred by the Company in connection to claims of any kind that result either directly or indirectly from your activities on the Site or in connection to the Company, including without limitation on the Site and/.or Host Services. All such claims include without limitation claims in respect to violation of laws in any HGCS.
Some web sites which are linked to the Sites are owned and operated by third parties. Because Network has no control over such sites and resources, you acknowledge and agree that Network is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
XV. Notice of Claimed Infringement
Network respects the intellectual property of others, and we ask our users to do the same. 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 Network’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a Site;
(d) your address, telephone number, and email address;
(e) a 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
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to: 1001 Servicos Digitais Eireli - ME CNPJ : 23.525.052/0001-87 Adress : Av Engenheiro Luiz Carlos Berrini, 1140, Andar 07 Sala 707, Cidade Moncoes, Sao Paulo, SP, CEP 04571-000, Brazil Email : contato(at)www.cameralux.com.ua
Please do not sent other inquires or information to our Designated Agent.
XVI. Notice and Takedown Procedures
Network reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. Network reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
Notices and/or messages conveyed by the Company may be given via electronic means through the Site, by general posting, or by conventional email. Unless specified in the Agreement, messages and/or notices may be given by electronic messages, conventional mail, telephone, and/or fax.
The Site and any Host Services may not be accessed, viewed, downloaded, or accessed in any country or location where doing so would violate any local law, regulation, rule, ordinance, edict, or custom. Including the above, the Company may deny access to the Site to Guests in any location or country at any time at its sole discretion and shall not be held liable in any way by any Guest, including in connection with loss of CameraLux Credit, in such a respect.
Headers/titles included in this Agreement are designed for convenience only and should not be used to interpret these Terms and Conditions.
XVII. Export Control
With respect to purchases being made through United States based payment processors, You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XVIII. Force Majeure
Network shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay Network’ performance.
XVIII. General Provisions
A. Governing Law
With respect to purchasers located in the United States, who have United States citizenship or other legal status in the United States and/or users whose purchases are made through United States payment processors (“US Users”) these Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida. With respect to all users who are not US Users, these Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the Braziil. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts in the Brazil. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the courts located in the Brazil.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. With respect to US Users, notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration. With respect to all users, Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Network hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. With respect to US Users, arbitration shall take place in the Miami-Dade County, Florida, exclusively. With respect to all other users, arbitration shall take place in the Brazil exclusively.
With respect to all users, You and Network hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. The obligation to arbitrate is not binding upon Network with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual- property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. You and Network each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the case that any part and/or section and/or specific term of this Agreement is/are unenforceable, the remainder of this Agreement will continue to be valid, enforced, and in effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver of Network shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
No employee, agent, representative, including customer service representatives of the Company and/or Host, is entitled to waive any term or terms of this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Network reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, Network will provide you with written notice prior to such changes taking effect. Your continued use of a Site following Network’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by Network in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
L. Other Jurisdictions
Network makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
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