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MyWebcamSpace.COM TERMS AND CONDITIONS OF USE


Children (in most USA jurisdictions, persons under the age of 18) are not eligible to use this site, and we ask that children do not use this site in any way, do not purchase anything from this site, do not remain on this site if accessed by any person, and do not browse within this site or submit any personal information to us.


By using this site, you warrant that you are 18 years of age or older.


PLEASE BE CERTAIN THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY AND FULLY UNDERSTAND THEM BEFORE USING THE MyWebcamSpace.COM WEB SITE FOR ANY PURPOSE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE OUR WEBSITE OR AFFILIATED PRODUCTS OR SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” BELOW, AND/OR YOUR CONTINUED USE OF OUR WEB SITE, INDICATE YOUR ACKNOWLEDGMENT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS AND CONDITIONS.


By (1) using this site, and/or (2) entering into a transaction with MyWebcamSpace.com. (“MyWebcamSpace.com.”) by means of using this site, and/or (3) downloading or using any content, service or product from this site, you agree to be bound by this agreement (“Agreement”).


This Agreement applies to you (hereinafter “you” or “User”), and if you are using this web site on behalf of any other party for which you are acting as an agent, it applies to you and any such party for which you are acting. The management of MyWebcamSpace.com™ reserves the right to change this Agreement from time to time in its sole discretion, and your continued use of this website will indicate your agreement with the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement, do not use this site, do not enter into any transaction with MyWebcamSpace.com.™ by means of this site, and do not download or use any content from this site. MyWebcamSpace.com™ and you are sometimes referred to hereinafter as “Party” or “Parties” to this Agreement.


Permitted Use of this Site

This site is owned and operated by Boomer Boys, a Florida limited liability company with its principal office in Miami Beach, Florida, USA. As between you, the User, and MyWebcamSpace.com™, all materials contained on this site in any medium (“Materials”) are owned by MyWebcamSpace.com™ and/or our providers. All such Materials are protected by United States and international intellectual property laws.


MyWebcamSpace.com™ ****** grants you a limited, personal, nontransferable, non-sub-licensable, revocable license to access and use our site only as expressly permitted in these Conditions of Use. Except for this limited license, we do not grant you any other rights or licenses with respect to this site, and any rights or licenses not expressly granted herein are reserved to us and our providers. Unless we have granted you permission in advance and in writing, you may use the site only for your personal, non-commercial use, and not to provide services to a third party.


You may not remove any copyright or other proprietary notices contained in the Materials. MyWebcamSpace.com™ reserves the right to revoke your authorization to view, download and use the Materials on this site at any time, and you agree immediately to discontinue such use upon written notice from MyWebcamSpace.com™. As between the User and MyWebcamSpace.com™, all rights not specifically granted to the User under this Agreement are reserved to MyWebcamSpace.com™.


You may download, display, or print one (1) copy of any portion of the Materials. If you do so, you may not modify the Materials in any way, and you must reproduce the MyWebcamSpace.com™ copyright notice (or the third-party provider’s notice, as applicable) in the form:

“© 2009, MyWebcamSpace.com - All Rights Reserved” as displayed on the relevant page(s) that you copy.


Except as provided above, you may not

-- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Materials in any form whatsoever;

-- Use a frame or border environment around the site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

-- Modify, translate into any language or computer language, or create derivative works from, any Materials or any part of this site;

-- “Reverse-engineer” any part of this site; or

-- Sell, offer for sale, transfer, or license any portion of this site in any form to any third party.


Unauthorized Use

Unauthorized use of this site and/or the Materials may violate applicable copyright, trademark or other intellectual property or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials, and you must not alter, obscure or obliterate any of such notices. The use of such Materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited, and agree to refrain, from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited, and agree to refrain, from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, except with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, and/or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.


Unless otherwise provided within these Conditions of Use, or unless specific applicable law requires MyWebcamSpace.com™ to allow you to do so, you agree that you may not do any of the following without the prior written consent of MyWebcamSpace.com™:

-- Use any robot, spider, other automatic device or manual process to monitor the Materials and/or the site;

-- Use the site other than to make legitimate inquiries, communications or purchases;

-- Use the site to make any false or fraudulent communication;

-- Insert false or misleading information on the site;

-- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Conditions of Use;

-- Use or access the site in any way that, in the judgment of MyWebcamSpace.com™, adversely affects the performance or functioning of the site, or any other computer systems or networks used by MyWebcamSpace.com™ or other site users;

-- Upload or transmit to the site, or use any device, software or routine, that contains viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere with or attempt to interfere with, intercept the normal operation of our site, appropriate the site or any system,

or take any action that imposes an unreasonable load on our computer equipment or infringes upon the rights of any third party;

or

-- Disguise the origin of information transmitted through the site.


Materials may not be used as (by way of illustration and not limitation) a trademark or service mark, for any pornographic use, unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of these Materials constitutes copyright infringement and shall entitle MyWebcamSpace.com™ to exercise all rights and remedies under applicable copyright law, including without limitation an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Materials. The foregoing is not a limiting statement of MyWebcamSpace.com’s rights or remedies in connection with any unauthorized use.


You understand that MyWebcamSpace.com™ may immediately terminate all agreements between us and may refrain from doing further business with you without notice if you fail to comply with any provision of this Agreement or with the specific terms and conditions applicable to your purchase or use of any product or service offered on this website. If your access is terminated, you agree immediately (1) to stop using this site and any Materials which you may have acquired, (2) to delete all such Materials and all copies from all media in your possession or control of whatever type (whether now known or hereafter developed, invented or devised), and (3) to destroy all other copies, or at MyWebcamSpace.com’s request, return all such copies to MyWebcamSpace.com™. Your use of this site and any Materials shall comply with all applicable law. MyWebcamSpace.com™ may restrict or remove your access to this site at any time, or restrict or remove the use of any Materials for any reason, and may replace the Materials with other Materials, and you agree immediately to discontinue all use of the Materials upon notification from MyWebcamSpace.com™.


Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. As a convenience, our site may link to other sites that may be of interest to you but are not under MyWebcamSpace.com’s control. These links do not imply endorsement by MyWebcamSpace.com™, and we are not responsible for the availability of or the content contained in any linked site. The MyWebcamSpace.com™ site may contain or use technology that provides MyWebcamSpace.com™ and its affiliates with information regarding your use of this site, or which permits MyWebcamSpace.com™ to audit your compliance with this Agreement via the use of software designed to track and identify Materials. Please consult MyWebcamSpace.com’s Privacy Policy for specific information on MyWebcamSpace.com’s policies for use of your personal information.


Children Not Permitted to Use this Site

Children (in most USA jurisdictions, persons under the age of 18) are not eligible to use this site, and we ask that children do not use this site in any way, purchase products from this site, remain on this site if accessed by someone else, browse within this site or submit any personal information to us. By using this site, you warrant that you are 18 years of age or older.


User Information

For purposes of identification, billing and marketing, you agree to provide MyWebcamSpace.com™ with accurate, complete, and updated information as requested by us, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to notify MyWebcamSpace.com™ within ten (10) days of any changes in these elements of your information. You are solely responsible for maintaining the confidentiality of your own password(s) (if any), and you agree that MyWebcamSpace.com™ will have no obligations with regard thereto. MyWebcamSpace.com™ reserves the right to reveal, or to choose not to reveal, any User data or other information in its possession regarding users of our products or services in cooperation with a request or investigation by a governmental body or governmental agency.

No Expectation of Privacy

You acknowledge that transmissions made by means of this web site are not confidential, and that your communications may be read or intercepted by others. You acknowledge that by engaging in transactions with MyWebcamSpace.com™, no confidential, fiduciary, contractually implied or other relationship is created between you and MyWebcamSpace.com™, beyond that which is specifically established by contract between you and us.

Any communications or materials you transmit to MyWebcamSpace.com™ through the site, by electronic mail or otherwise, including without limitation any data, question, comment, suggestion, idea, or the like (“Communications”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the site, any Communications, you grant to MyWebcamSpace.com™ and all users of the site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications in any form, media or technology. MyWebcamSpace.com™ assumes no responsibility for any Communications posted or submitted, or for the return of such Communications. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.


Warranty and Indemnification

You agree, represent and warrant to MyWebcamSpace.com™ that you will not transmit by means of our web site any materials of any kind which (1) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (2) are imported and/or exported in violation of any law, rule, or regulation of any jurisdiction with regard to such imports or exports; (3) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (4) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree, represent and warrant to MyWebcamSpace.com™ that your use of the web site will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless MyWebcamSpace.com™ and its members, officers, employees, licensors, licensees, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by MyWebcamSpace.com™ or said Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MyWebcamSpace.com™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree that you shall not in any event settle any such matter without the written consent of MyWebcamSpace.com™.


Limitation of Liability

MyWebcamSpace.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL MyWebcamSpace.COM™ OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR INFORMATION OR PRODUCT/SERVICE PURCHASES), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY MyWebcamSpace.COM ™ OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF MyWebcamSpace.COM ™ OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE USER OR TO ANY OTHER PARTY.

If, notwithstanding the foregoing, MyWebcamSpace.com™ and/or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of MyWebcamSpace.com™ and/or the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the minimum subscription fee and service charge for accessing this site, or (b) One Hundred United States Dollars (US $100.00). In its sole discretion, in addition to any other rights or remedies available to MyWebcamSpace.com™, and without any liability whatsoever, MyWebcamSpace.com™ at any time and without notice may terminate or restrict your access to any component of this site. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you.


Subject to applicable law, you agree that your use of this site and its contents is at your sole risk. Some opportunities, services and/or products made available on this site are subject to conditions imposed by the providers, including but not limited to international conventions and arrangements, and state and federal government regulations. Third-party providers who furnish products or services through this site are independent contractors, and not agents or employees of MyWebcamSpace.com™.



You agree that your use of the Site is subject to our Privacy Policy . You agree that you have read our Privacy Policy, and that it is reasonable and acceptable to you. Your acceptance of these Conditions of Use is also your consent to the information practices in our Privacy Policy.


We will use reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.


Viruses

We make commercially reasonable attempts to exclude viruses from the MyWebcamSpace.com™ site, but cannot ensure that the site will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading Material from the site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the MyWebcamSpace.com™ site or downloading anything from the site.


You may preserve these Conditions of Use in hard-copy form by printing them for your records, and you waive any other requirement that these Conditions of Use be evidenced by a written document.



Electronic Notification

To the extent that we may need to contact you, you agree that we may do so via any non-electronic or electronic means, including but not limited to communications posted on the site, electronic mail, or instant messaging.


Miscellaneous

(a) This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida applicable to agreements entered into and to be wholly performed therein, and by applicable United States federal law. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but this Agreement shall be deemed modified only to the extent necessary to remove such conflicts, and the remaining provisions of this Agreement shall be interpreted so as nearly as possible to effect the original intentions of this document. Only the courts (state and federal) having jurisdiction within Dade County, Florida will have jurisdiction of any controversies regarding this Agreement and/or any other matter relating to the MyWebcamSpace.com™ website; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the User hereby waives any objection such User may otherwise have to the jurisdiction and venue of such courts, including without limitation objections raised on the basis of forum non conveniens. Any process in any such action or proceeding may, among other methods, be served by delivering or mailing it, by registered or certified mail, directed to the address which the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). In any dispute between MyWebcamSpace.com™ and you, MyWebcamSpace.com™ shall be entitled to recover its reasonable attorney fees, legal expert fees, and other legal expenses from you.

(b) This Agreement constitutes the entire agreement of the Parties hereto and supersedes all oral and written agreements and understandings made or entered into by the Parties hereto prior to the date hereof. No amendment, change or modification of this Agreement shall be valid unless it is accepted by both Parties hereto, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.

(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.

(d) The captions appearing at the commencement of the clauses hereof are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.

(e) If any one or more of the provisions of this Agreement or portion thereof, or the application thereof to any person or circumstance, shall be held or declared to be invalid, illegal, void, or unenforceable, such provision shall be severed, and the remainder of this Agreement (or of such provision) shall not be affected and shall remain in full force and effect. Furthermore, the resulting provision shall be interpreted in a manner which accomplishes, to the extent possible, the original purpose of such provision.

(f) You acknowledge that a violation or attempted violation of any of this Agreement will cause MyWebcamSpace.com™ such damage as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that MyWebcamSpace.com™ shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Conditions of Use by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by MyWebcamSpace.com™ in obtaining such an injunction, including, without limitation, reasonable attorney fees. You agree that no bond or other security shall be required in connection with MyWebcamSpace.com’s application for any such injunction.

(g) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. The Parties further agree that this Agreement shall be interpreted without regard to any presumption or rule requiring construction against the Party causing this Agreement to be drafted.