1. THESE USER TERMS
1.1 "Agreement" means these terms of service under which you agree to be bound in the event you access or use this Web Site.
"Information" means any and all material (being written and/or stills or video material which shall include without limitation any source codes, files, computer languages or applications) contained in or creating this web site.
"Web Site" means the web site(s) at www.Sailcam.tv
"User" means you, the Web Site user
1.2 By using the Web Site you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not wish to be bound by these Terms and Conditions you should not access or use these sites.
1.3 Sailcam.tv reserves the right to update and change the Terms of Service from time to time without notice. When we do so we will notify you of the fact that there are revised Terms of Service on the main screen. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Web Site after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: htttp://www.Sailcam.tv
1.5 If you register for any prize competitions, promotions or other giveaways on the Web Site separate Terms and Conditions which are located on the Web Site shall also apply in addition to these Terms of Service.
1.6 If you register for any Forums separate Forum rules which are located on the Web Site shall also apply in addition to these Terms of Service.
1.7 The goods and services ('Merchandise') which may be purchased by you from companies or individuals other than Sailcam.tv ('Merchants') via third party and/or third party web sites linked to this Web Site OR VIA OUR WEB PARTNERS OR OTHER DOMAIN NAMES THROUGH WHICH YOU ACCESS SAILING NETWORK SERVICES are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not Sailcam.tv) is solely responsible for the fulfillment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or from the Merchant via the Merchant's web site or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Sailcam.tv shall have no responsibility, obligations or liability in relation to the Merchandise.
2. ACCOUNT TERMS.
2.1 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
2.2 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
2.3 Your account may only be used by one person – a single login shared by multiple people is not permitted.
2.4 You are responsible for maintaining the security of your account and password. Sailcam.tv cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.5 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
2.6 One person or legal entity may not maintain more than one free account.
2.7 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.8 In the event that you have any right, claim or action against any other User or other third party arising out of its or their use of the Web Site you will pursue such right, claim or action independently of, and without recourse to Sailcam.tv, other than at the express written permission of Sailcam.tv.
2.9 You will indemnify and keep indemnified Sailcam.tv against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, or the Web Site or of your obligations under this agreement.
2.10 Violation of any of these agreements will result in the termination of your Account.
3. EXCLUSION OF LIABILITY DISCLAIMER
3.1 While Sailcam.tv prohibits such conduct and Content - as detailed in Clause 2. above - on the Web Site, you understand and agree that Sailcam.tv cannot be responsible for the Content posted on the Web Site and you nonetheless may be exposed to such materials. Furthermore the views expressed by third parties placing material on these pages are not representative of the views of Sailcam.tv and Sailcam.tv accepts no liability whatsoever in relation to the content of third party material placed on its sites.
3.2 You agree to use the Service at your own risk. Communication of personal details is at your own risk. Sailcam.tv accepts no liability and shall not be liable for any actions, losses, costs, damages or inconveniences caused to Users resulting from interaction with other Users or third parties from the Web Site.
3.3 Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
3.4 Sailcam.tv provide the Web Site and the Information on an "as is" basis and make no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose.
Without limitation to the above, should any User receive or view racist, abusive, obscene or offensive material on or as a result of accessing the Web Site, they should report the details of the incident to Customer Services who will endeavour to prevent such incidents re-occurring as far as the same is technically possible and financially viable.
3.5 Furthermore, Sailcam.tv Ltd makes no warranty or representation about;
a) the reliability or technical efficiency of the Web Site;
b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information or User's personal information or data;
c) the suitability of the advertisements on the Web Site or the suitability, legality or otherwise of other web sites which may be accessible from the Web Site;
d) the quality of any products, services, information or other material purchased or obtained through the Web Site.
3.6 Sailcam.tv excludes all liability (so far as is permitted by law) in respect of;
a) any advertisements or other web sites which can be accessed via the Web Site; and
b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Information; and
c) any damage to the User, the User's computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site or the Information.
3.7 Sailcam.tv shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sailcam.tv has been advised of the possibility of such damages), resulting from;
a) the use or inability to use the service
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
c) unauthorised access to or alterations of your transmissions or data
d) any other matter relating to the service.
3.8 If Sailcam.tv or any Sailcam.tv contractor is unable to perform any obligation under these Terms of Service because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Sailcam.tv or the Sailcam.tv contractors, neither Sailcam.tv nor any Sailcam.tv contractor will have any liability for that failure to perform.
3.9 Without limiting the preceding clauses, during any period of 12 months, the aggregate liability of Sailcam.tv under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of a) $10 or b) an amount equal to the sums paid by you to Sailcam.tv by way of subscription fees during the relevant period of 12 months, regardless of the cause or form of action.
3.10 Nothing in this Agreement limits Sailcam.tv liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you have as a consumer remain unaffected.
4.PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
An upgrade from the free plan to any paying plan will end your free trial. You will be billed immediately upon upgrading.
The Service is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sailcam.tv does not accept any liability for such loss.
There will be no refund of subscriptions for withdrawal, modification or unavailability of the Sailcam.tv service.
5. CANCELLATION AND TERMINATION
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation.
If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
Sailcam.tv, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sailcam.tv service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sailcam.tv reserves the right to refuse service to anyone for any reason at any time.
6. MODIFICATIONS TO THE SERVICE AND PRICES
Sailcam.tv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Sailcam.tv sites or the Service itself.
Sailcam.tv shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. COPYRIGHT AND CONTENT OWNERSHIP, RIGHTS AND GRANT OF LICENSE
7.1 The information and material provided on this web site is owned by, licensed or authorised to be used by Sailcam.tv, its associates, assignees or licensees. All copyright, trade marks and other intellectual property rights in and relating to the Sailcam.tv service (including the material which is contributed by Users) are owned by Sailcam.tv.
7.2 By submitting any material to the content of the Sailcam.tv service, you:
- are representing that you are entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
7.3 Any form of reproduction of part or all of the Information is strictly prohibited save as provided in clause 7.4 below.
7.4 You may print or download Information to a locally held disc provided the same is used solely for your own personal use. You may copy the Information to individual third parties for their personal information and personal use, but only if:
7.4.1 You acknowledge Sailcam.tv as the source of the Information and the website alongside such copy of the Information; and
7.4.2 You inform the third party that these conditions apply to any use of the Information.
7.5 The license granted herein does not permit incorporation of the Information or Web Site (or any parts of the same) in any other work or publication, whether hard copy, electronic or otherwise.
7.6 All other rights not expressly granted herein are reserved to Sailcam.tv. All moral rights and related rights in or to the Information are asserted in full.
7.7 The license granted herein may be revoked at any time, without reason and any user may be denied access to the Web Site at any time without reason.
7.8 Sailcam.tv does not pre-screen Content, but Sailcam.tv and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
8. GENERAL CONDITIONS
8.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Sailcam.tv or any other Sailcam.tv service.
8.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by Sailcam.tv.
8.3 You must not place material on, or otherwise use, the Sailcam.tv service for any business or commercial purpose.
8.4 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these
Terms of Service.
8.5 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sailcam.tv customer, employee, member, or officer will result in immediate account termination.
8.6 You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8.7 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
8.8 You must not transmit any worms or viruses or any code of a destructive nature.
8.9 If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Sailcam.tv) of other Sailcam.tv customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
8.10 You must not use or attempt to use any software, engine, or any other means to navigate or search this Web Site other than the navigation tools and search facilities available on this Web Site and general third party browsers.
8.11 You must not carry out any activities in relation to "screen scraping" or "database scraping" to obtain lists of users, URL's, Internet keywords or other information.
8.12 You must not access the web Site by any other means other than through the interface that is provided by Sailcam.tv for use in accessing the Web Site.
8.13 You must not interfere with or disrupt the Web Site and/or Web Site services or servers or networks connected to the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site.
8.14 You must not collect or store personal data about other users of this Web Site whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual.
8.15 The failure of Sailcam.tv to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
8.16 The Terms of Service constitutes the entire agreement between you and Sailcam.tv and govern your use of the Service, superceding any prior agreements between you and Sailcam.tv (including, but not limited to, any prior versions of the Terms of Service).
8.17 Questions about the Terms of Service should be sent to support at
Sailcam.tv reserves the right to terminate this Agreement (and any license granted therein) immediately and without notice to the User. In the event of termination, the warranties and obligations of the User shall continue to apply
beyond the lifetime of this Agreement.
Sailcam.tv may freely charge, license, transfer, assign or otherwise dispose of any of its rights or obligations hereunder.
The User shall not be entitled to charge, license, transfer, assign or otherwise dispose of any of its rights or obligations hereunder without prior written consent from Sailcam.tv.
If any part of this Agreement is held by a Court of competent jurisdiction to be to be unlawful, void or unenforceable the validity of the remainder of this Agreement shall not be affected.
This Agreement shall be governed by and construed in accordance with the laws of the Commonweath of Australia the courts of which shall alone be the courts of competent jurisdiction.