The following Terms of Service outline your obligations when using our mobile application (“App”) or Service
(as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content
of any kind whatsoever created or provided by or through the App or the Service or through your ability to
sell products on the App and generate User Contributed Content (as defined herein). Please also review our
Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling
any personal information that you may provide to us.
Acceptance of these Terms of Service
The App and the Service are owned and operated by CamStar Team (“CamStar” “we,” or “us”) and are
accessed by you under the Terms of Service described herein (“Terms of Service”, “Terms of Service” or
“Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing
the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do
not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in
this Agreement shall be deemed to confer any third party rights or benefits.
Terms of Service Privacy Policy EULA Contact Us
modification, and you agree to be bound by such modifications or revisions. Use of the App or the Service
after any such revision (s) constitutes your acceptance of the terms and conditions of these Terms of Service
as modified.
Description of the Service; Disclaimers and Releases
The key functionality of CamStar is to provide a platform designed to pair individuals (“users”) together, based
and other factors, and to enable individuals to chat and communicate online through various
media including text, video, and picture sharing and linking and accessing third party social network
platforms (collectively, the “Service”).
Please note that CamStar is a platform that brings together USERS. CamStar, has no control over users or
their conduct while using the app. CamStar does not assume any responsibility for or warrant the accuracy of
legitimacy of any information provided by any users through the service. Furthermore, CamStar does not and
has no obligation to screen users or review the accuracy or legitimacy of any information or data provided by
any user. Any claim or dispute that may arise between users of the app and/or the service shall be settled by
them, as they hereby agree to release and hold harmless CamStar from any liability or responsibility to
participate in such claim or dispute. CamStar implements a zero-tolerance policy for any misconduct and
illegal users on the platform, and encourages users to report any inappropriate content and illegal users to us.
We will actively respond to the reported information received within 24 hours and promptly remove the illegal
content and illegal users.
By using the service, you agree not to do any of the following; each of which shall be deemed a breach of
these terms of service (i) DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS THROUGH
THE SERVICE, (ii) ENGAGE IN ANY ILLICIT, INDECENT OR UNLAWFUL BEHAVIOR OR ACTIVITY, (i
ENGAGE IN ANY INDECENT, PORNOGRAPHIC, RACIST, OFFENSIVE, DEFAMATORY, OR INCENDIARY
CONDUCT OR BEHAVIOR OR (IV) CONDUCT ANY COMMERCIAL ACTIVITY OR ENGAGE IN ANY
TRANSACTION INVOLVING THE EXCHANGE OF VALUE BETWEEN USERS.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS
WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN
PERSON.
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO CONTENT FROM A
VARIETY OF SOURCES, AND THAT CamStar IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, OR
SAFETY OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT,
WHILE THE SERVICES ARE NOT PROVIDED FOR PORNOGRAPHIC PURPOSES OR FOR MAKING SEXUALLY
EXPLICIT CONTENT AVAILABLE, YOU MAY BE EXPOSED TO CONTENT THAT YOU DEEM TO BE
OFFENSIVE, INDECENT, OBJECTIONABLE, OR SEXUALLY EXPLICIT, AND YOU AGREE TO WAIVE, AND
HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE
AGAINST CamStar WITH RESPECT THERETO. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE
SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE MAY VIOLATE APPLICABLE LAWS IN
THE JURISDICTION YOU ARE LOCATED AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SERVICE
AND THE CONTENT CONTAINED THEREIN DOES NOT VIOLATE SUCH LAWS AND TO INDEMNIFY
CamStar IN THE EVENT SUCH DOES VIOLATE LAW.
While CamStar does not take action on every piece of content deemed to be in violation with these terms, by
agreeing to these terms of service, you understand and acknowledge that at anytime CamStar has the right to
remove and/or ban you from using the app at any time, especially in relation to content posted to Moments or
shared in Video Chat that violates these terms of service.
Your Registration Obligations
The App and the Service are only accessible to registered users who create a CamStar account with a Phone
Number. [Notwithstanding the foregoing, you may visit some areas of the App as a guest and remain
anonymous, but you may not be able to access all the content and features of those areas without
registering.] If you register and access the App or use the Service, you expressly accept and agree to be
bound by this Agreement and the terms, conditions and notices contained or referenced herein. Use of the
App and the Service, and the registration and creation of a CamStar account, is available only to individuals
who are at least 18 vears old. whether actina on their own behalf or as an authorized emblovee or
representative of a corporation or other business entity. You hereby warrant that you are at least 18 years old.
In the event that the information you provide in this regard is not truthful, CamStar shall not be liable as we
cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or
the Service. If you are under the age of 18, you may use the Service, with or without registering, only with the
approval of your parent or guardian. In addition, you should review these terms with your parent or guardian
to make sure that you and your parent or guardian understand and agree with these terms.
You may not (i) select or use as a CamStar User ID, with a person’s name other than your own, with the intent
to impersonate that person; (ji) use a CamStar User ID with the name of a person other than you without
appropriate authorization use a CamStar User ID name that is vulgar, obscene or otherwise offensive; (iv)
use or attempt to use another user’s account, username, or password without their permission; (v) buy, sell,
rent, or lease access to your Snapchat account, Snaps, a Snapchat username, or a friend link without our
written permission. We reserve the right to refuse registration of, or cancel a CamStar User ID at our
discretion. If you select a User ID for your account we reserve the right to remove or reclaim it if we believe it
infringes upon another’s rights or marks. You are responsible for all activities occurring under your CamStar
User ID and for keeping your password confidential and secure, and you agree to immediately notify us of any
unauthorized use of your CamStar User ID or password.
While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping
accounts may result in account termination. Please contact us if you have questions about managing multiple
accounts.
You may ch to ive the ters, surveys, discounts, and other promotional materials from us
through emails and messages. We will also send the latest information on products and services, and other
offers with your consent. You can stop receiving promotional emails by unsubscribing from emails and
messages any time. If you unsubscribe from receiving such promotional emails, we may still deliver you
service-related communications and in-app messages.
Ownership and Standards of User Contributed Content
Using the Service includes creating or uploading different kinds of data and information, including without
limitation photos, text, messages, posts, html, URLs, pictures, videos, and other content (collectively, “User
Contributed Content”), whether publicly posted or privately transmitted, is the sole responsibility of the
CamStar user from whom such User Contributed Content originated. Without limiting the foregoing, you are
solely and entirely responsible for all of the User Contributed Content that you upload, post, email, transmit
or otherwise make available via the App or the Service. We may, but are not obligated to, monitor or control
User Contributed Content that is posted, and we take no responsibility for such content.
Furthermore, any User Contributed Content or other material you upload via the App or the Service will be
considered non-confidential and non-proprietary. We have the right to disclose your identity to any third
party who claims that any of the material uploaded/posted by you via the App or the Service constitutes a
violation of their intellectual property rights, their rights to privacy or any other proprietary right.
In using the App or the Service, you agree not to generate or upload any User Contributed Content that is (1)
inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate,
unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or
promotes violence, discrimination, bigotry, racism, or hatred, as determined by CamStar in its sole discretion,
(2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, (3) reverse
look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of
obtaining information of any User or visitor, (4) attempt to gain unauthorized access to any portion of the
Services, or any systems or networks by hacking, password “mining” or any other illegitimate means, (5) use
any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or
methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any
data or materials contained therein or obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the System, (6) ask or offer sexually explicit images
or engage in any activity harmful to minors or (7) otherwise violates these terms.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User
Contributed Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You
acknowledge that any reliance on User Contributed Content of any CamStar user will be at your own risk.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User
Contributed Content, such as User Contributed Content which violates these Terms of Service. We also
reserve the right to access, read, preserve, and disclose any information as we reasonably believe is
necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce
these Terms of Service, in ing i ligation of pi ial violations hereof, (c) detect, prevent, or otherwise
address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights,
property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or
non-exercise of this right under these Terms of Service.
You understand that by using or accessing the App or the Service you may be exposed to content that might
be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have
been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any
content or communications, including, but not limited to, any errors or omissions in any form of User
Contributed Content, or any loss or damage of any kind incurred as a result of the use of any CamStar
Content or User Contributed Content posted, emailed, transmitted or otherwise made available on the App or
through the Service.
Digital Millennium Copyright Act; Procedure for Making Claims of Infringement
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the
lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual
property rights or violate the privacy rights of any third party (including, without li jon, copyright,
trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
CamStar respects the legal rights of others, and asks that its users do the same. It is CamStar’s policy to
respond to notices of alleged copyright or other forms of intellectual property infringement provided they
comply with applicable laws (most notably, the United States’ Digital Millennium Copyright Act or “DMCA’).
Repeat offenders will, at CamStar’s option, have their user accounts and/or access to the App and the Service
removed or disabled irrespective of the status of any particular notification or counter-notification. If you
believe that your intellectual property rights have been infringed, please provide CamStar with written notice
of same with the following information:
* The full name, mailing address, telephone number, contact email address and physical or electronic
signature of an owner of an exclusive right that is allegedly infringed, or a person or entity specifically
authorized to act on that owner’s behalf;
* Identification of the works claimed to have been infringed, or, if multiple works at a single online site
ara coverad bv a sinala notification. a res iva list of such works:
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be di: r ly sufficient to
permit CamStar to locate said material;
« A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the rights holder, his/her/its agent, or the law:
+ Astatement that the information in the notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; and
* Any supporting documentation to help establish the rights at issue, such as copies of a valid and duly
executed copyright registration certificate.
EE
Notices should be delivered to CamStars Agent for Notices of Infringement Claims:
«Email: [email protected]
CamStar will, upon receipt of a properly-formatted notice, act expeditiously to remove the allegedly
offending content or disable public access to the same. CamStar will also send a copy of any infringement
notice to the party said to be responsible for the infringement at issue. If you have received such a notice, you
may opt to file a counter-notice, stating essentially that you dispute the allegations made in the notice and
formally requesting that any material r or be rep d. A counter-notification should include
the following information:
* The full name, address, telephone number, contact email address and physical or electronic signature
of the party named in the infringement notice, or a person or entity specifically authorized to act on
his/her/its behalf.
o Identification of the material(s) claimed to have been removed or disabled by CamStar, and information
reasonably sufficient to permit the service provider to determine its prior location;
+ Astatement that the party making the counter-notice has a good faith belief that use of the material in
the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;
* Astatement that the information in the counter-notification is accurate, and under penalty of perjury,
that the materials removed were removed or disabled as a result of misidentification or wrongful
allegation;
* Astatement that you will accept jurist
District Court in the district that you resi
California.
* Any supporting documentation to help establish the statements contained in your counter-notification.
in either: (i) the Federal
the District of
ion for disputes relating to this matte
; or (ii) if you reside outside of the U.S..
Your Property Rights and the Licenses You Grant to CamStar
Except as may be stated otherwise in these Terms of Service or elsewhere on the App, we claim no ownership
or control over any User Contributed Content. You retain any and all trademark rights and copyright to any
User Contributed Content that you submit, sell, post or display on or through the App or the Service, and you
are responsible for protecting those rights.
For all content you submit to the Services, you grant CamStar. and our affiliates a worldwide, royalty-free,
and trar i to host, store, use, display, reproduce, modify, adapt, edit, publish,
and distribute that content. This license is for the limited purpose of operating, developing, providing,
promoting, and improving the Services and researching and developing new ones.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for
any reason, i ling to provide and p the Services or if we think your content violates these Terms of
Service. You remain responsible for the content you create, upload, post, or store through the Service.
As part of this use of information, we may provide aggregate information, not information about you
personally, to our partners about how our users, collectively, use the App and the Service. In connection with
any of the uses listed above, you agree to release and discharge us, and our affiliates, licensees, and business
partners from any claims, actions and demands of any nature, including but not limited to any claims of libel,
infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim.
In granting these licenses to us, and our affiliates, licensees, and business partners, you represent and warrant
that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant
these licenses, which include but are not limited to any third party rights that are required as a result of the
subject matter of your User Contributed Content.
Ownership of CamStar Content
Including your own User Contributed Content, we own all right, title and interest, including all worldwide
intellectual property rights in all content related to the App and the Service (collectively, the “CamStar
Content”). The CamStar Content, including the App and the Service, is protected by copyright, trademark,
and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms
of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer,
publicly display, publicly perform, or otherwise use the CamStar Content, including the App and the Service.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights
notices incorporated in, or accompanying any portion of, CamStar or its related products and services. Other
than explicitly stated herein, you may not make any commercial use of the CamStar Content, including the
App and the Service, without CamStar’s prior written approval.
General Prohibitions and Agreements
In addition to the prohibitions set forth el: herein, i ing, but not limited to ion 5 hereof, you
agree not to do any of the following while using the App and/or the Service:
* Pre iol sexually icit materials, illegal content, illegal activities, alcohol, tobacco,
pseudo-pharmaceutical, prescription drugs, or discrimination based upon race, sex, religion, nationality,
disability, sexual orientation or age, or that are otherwise illegal or offensive, as determined in CamStar’s
sole and absolute discretion;
* Include in your User Contributed Content any photos or text that contain references to another
website, app or merchant;
* Make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any
patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property
or proprietary right of any third parties;
* Defame, bully or harass any third party;
* Access, tamper with, or use non-public areas of the App, our computer systems, or the technical
delivery systems of our providers;
* Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or
authentication measures;
* Attempt to access or search CamStar with any engine, sottware, tool, agent, device or mechanism
other than the software and/or search agents provided, or specifically authorized, by us or other generally
available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
* Attempt to alter or modify the App, the Service, the CamStar Content, or the User Contributed Content
of any other user, or use CamStar or any of its services for purposes other than which they were intended;
* Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products
or services;
«Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any
way use CamStar to send altered, deceptive or false source-identifying information;
* Attempt to deci or reverse engineer any of the software used to provide
the App or the Service;
* Interfere with, or attempt to interfere with, the access of any user, host or network, including, without
limitation, ing a virus, over i i ing, or mail-bombing the App;
* Impersonate or misrepresent your affiliation with any person or entity;
« Send illegal material or offensive messages, as determined within CamStar’s sole discretion, to other
CamStar users; or
* Attempt to circumvent or manipulate our billing process or the fees owed to CamStar, if applicable.
We have the right to ii i and pr violations of any of the above, including intellectual property
rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate
with law er authorities in pr ing CamStar users who violate these Terms of Service. You
acknowledge that we have the right to monitor your access to or use of the App and/or the Service for
operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law
or the order or requirement of a court, admini: ive agency or other gover body.
Links from CamStar to Other Sites
The App may contain links to third party websites or resources. You acknowledge and agree that we are not
responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to such websites or resources do
not imply any endorsement by us of such websites or resources or the prod: or services
from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from
your use of any such websites or resources.
Termination
We may terminate these Terms with you at any time, for any reason, and without advanced notice. That
means that we may stop providing you with any services, or impose new or additional limits on your ability to
use our services. For example, we may deactivate your account due to prolonged inactivity, and we may
reclaim your username at any time for any reason.
If you violate any of these Terms of Service, your permission to use and access the App and the Service may
be automatically terminated. Should your account or usage be terminated, you are prohibited from creating
any new accounts or otherwise accessing the App or the Service without our prior written approval. We
reserve the right to revoke your access to and use of the App and the Service at any time, with or without
cause. We also reserve the right to cease providing or to change the App and the Service at any time and
without notice.
Indemnification
You agree to indemnify and hold harmless CamStar, its parents, subsidiaries, affiliates, officers, directors,
employees, agents, and representatives and to defend and hold each of them harmless, from any and all
claims, lial ies, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’
costs and rewards) arising from or relating to: (1) your use of and access to the App or the Service; (2) your
violation of any laws or any infringement by you, or any third party using your account or CamStar User ID, of
any intellectual property, property, privacy, or other right of any person or entity; (3) any breach of any
obligation in this Agreement by you; (4) any intentional misconduct or negligence by you in using the App or
the Service; or (5) any claim that a user’s User Contributed Content d of any kind wt to
another user or to any other third party.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE APP, THE SERVICE AND THE CamStar CONTENT AT
YOUR OWN RISK AND THAT CamStar, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “CamStar PARTIES”),
WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR
OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE FOREGOING. THE APP, THE
SERVICE AND THE CamStar CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND THE CamStar PARTIES
HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-
INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION,
GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE Cam$tar PARTIES. THE CamStar PARTIES DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE APP, THE SERVICE OR THE CamStar CONTENT WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP.
THE CamStar PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF
THIS AGREEMENT, THE PROVIDING OF THE APP, THE SERVICE OR THE CamStar CONTENT HEREUNDER,
THE SALE OR PURCHASE OF ANY PRODUCTS, SERVICES OR MERCHANDISE VIA THE APP OR THE
SERVICE AND ANY INJURY OR DAMAGE CAUSED THEREBY, ANY MISREPRESENTATION OR FRAUD BY A
USER, YOUR ACCESS TO OR INABILITY TO ACCESS THE APP, THE SERVICE OR THE CamStar CONTENT,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR
RELIANCE ON THE APP, THE SERVICE OR THE CamStar CONTENT, OR ANY OF THE MERCHANDISE,
INFORMATION OR MATERIALS AVAILABLE ON THE APP REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE.
YOU HEREBY AGREE TO RELEASE THE CamStar PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
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ANY WAY CONNECTED WITH YOUR USE OF THE APP, THE SERVICE OR THE CamStar CONTENT. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN
PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. THE TOTAL
CUMULATIVE LIABILITY OF THE CamStar PARTIES IN CONNECTION WITH THIS AGREEMENT, WHETHER
IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $500.
General Provisions
Governing Law; Venue. This Agreement is governed by the laws Each of the State of California without
reference parties to any conflict of laws principles this Agreement irrevocably agrees that would require the
application courts of the laws of any other jurisdiction. You irrevocably consent to the personal Hong Kong
shall have exclusive jurisdiction of the state to hear and federal courts located in Los Angelesdecide any suit,
Californiaaction or proceedings, for and/or to settle any suit disputes, which may arise out of or in connection
with this Agreement or action arising from its formation or related to this Agreementvalidity and, for these
purposes, and waive any right you may have to object each party irrevocably submits to the venue ji icti
of the courts of such courtsHong Kong. You further agree that these courts will have exclusive juri:
over any such suit or action initiated by you against Cam ProCamStar.
Arbitration
If any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement,
including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a
party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to
resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner
within forty-five (45) days of a party’s notice of a Dispute, then any party may serve a notice on the other
party requiring the Dispute to be submitted to arbitration as follows:
Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with
this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$
5,000.00) may be resolved in a cost i through binding non-appearance-based arbitration, at
the option of the party seeking relief. Such arbitration shall b ated through an established alternative
dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the
rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party
demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold
consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a)
the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the
specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be
held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney
rewards) and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and
costs of the ADR Provider.
Any other Dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally
determined by arbitration in accordance with the Hong Kong Arbitration Rules Ordinance (the
“RulesOrdinance”) and shall be administered by the Hong Kong International Arbitration Centre (the
“Administrator”). To the extent there is any conflict between the provisions set forth in this section and any
procedural or other rules issued by the Administrator, this section will control. The location of the arbitration
will be Hong Kong, China. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the
parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The
Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be
unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then
the Administrator will select the Arbitrator. The arbitral pr dil and all p ings and written evi
will be in the English language. Any written evidence originally in a language other than English will be
submitted in English translation accompanied by the original or true copy thereof. The English language
version will control. Each party shall bear its own attorney’s ds, costs, and disbt arising out of
the arbitration, and shall pay an equal share of the rewards and costs of the Administrator and the Arbitrator;
provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and
if so, to award to that prevailing party reimbursement for its reasonable attorneys’ rewards, costs and
disbt ts (ir g, for ple, expert wi rewards and exp [3 py charges, travel
expenses, etc.), and/or the rewards and costs of the Administrator and the Arbitrator. The Arbitrator shall
issue a written award and statement of decision describing the essential findings and conclusions on which
the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority
to award damages in excess of any limitations set forth in this Agreement. Judgment on the award of the
Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to
grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and
within the scope of this Ag without limi an injunction or order for specific
performance. The arbitration award shall be final and binding upon the parties without appeal or review
except as permitted by Hong Kong law.
Notwithstanding the foregoing, CamStar may proceed directly to any court of competent jurisdiction to seek
protection or enforcement of its intellectual property rights and/or to seek injunctive relief or other equitable
relief.
Severability
If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental
entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the
essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To
the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any
provision hereof prohibited or unenforceable in any respect.
No Assignment
This Agreement and your rights and obligations under this Ag 1t may not be assigned, delegated, or
otherwise transferred, in whole or in part, by operation of law or otherwise, by you without CamStar’s express
prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be
null and void. CamStar may assign this Agreement or any of its rights under this Agreement to any third party
without your consent.
Notices
CamStar may give any notice required by this Agreement by means of a general notice on the App, electronic
mail to your email address on record with CamStar, or by written communication sent by first class mail or
pre-paid post to your address on record with CamStar.
Remedies
CamStar’s remedies for any breach of this Agreement by you will include damages, injunctive relief, specific
performance, and restitution. You acknowledge that any breach of this Agreement by you would cause
irreparable injury to CamStar for which monetary damages would not be an adequate remedy and, therefore,
CamStar will be entitled to injunctive relief (including specific performance). The rights and remedies
provided to each party in this Agreement are cumulative and in addition to any other rights and remedies
available to such party at law or in equity.
Waiver
All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any
n of this Agreement on one occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion.
Entire Agreement; Modifications
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject
matter hereof and supersedes and merges all prior or contemporaneous communications and understandings
between the parties. CamStar reserves the right to make changes to this Agreement, at its sole discretion,
pursuant to Section 2 above.
Feedback
In the event that you provide CamStar with any feedback regarding the App or the Service, including without
limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the App or the Service
(collectively, “Feedback”), you hereby assign to CamStar all rights in the Feedback, including but not limited
to, the right to use such Feedback and related information in any manner we deem appropriate. You recognize
that CamStar is not responsible for compensating you in anyway for your feedback.
Modifications to the App or the Service
CamStar reserves the right at anfy time to modify or discontinue, temporarily or permanently, the App or the
Service (or any part thereof) with or without notice. You agree that CamStar shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the App or the Service.