THE CAMSTREAMS WEBSITE
(updated September 2007)
This Code of
will apply to each user who wishes to use the Camstreams website at www.camstreams.com (the
"Website") and applies to those who contribute streaming video and/or
audio (‘Broadcasters’), those who access the Website, those who contribute to
chat discussion and those who utilise any other interactive features or
services of the Website (each a ‘User’).
The use of Our Website and any
associated services by a minor is strictly subject to the consent of their
parent or guardian. We advise parents and guardians that our Website is not
moderated. It is important for parents or guardians who permit their
children to use any interactive service that they communicate with their
children about their safety online. Minors who are using any interactive
service should be made aware of the potential risks to them. Broadcasters must
be aged 18 or over.
Each User must
comply and adhere to this Code in order to access and use the Website, provide
a feed of streaming video and/or audio to the Website (a ‘Stream’), view any Stream
made available on the Website and/or participate in any chat discussion on the
Website. By using our
Website a User and/or Broadcaster accepts, and agrees to abide by, the terms
and conditions set out in this Code.
In order to provide
any Stream, Broadcasters must accept this Code by clicking the "I
accept" option at the end of this Code. Upon such acceptance, a Broadcaster
will be given a unique username and password which will allow the Broadcaster
to provide a Stream.
1. Basic Requirements
(a) Each User
and Broadcaster and any material or Stream which he/she posts on or makes
available to the Website or to any chat discussion ("Material") must
comply with the following basic standards:
information and activities must be legal, decent and honest (in terms of any
applicable local, national or international law and standards); and
protection legislation under English law must be adhered to in order that the
collection of personal information is not traded or unlawfully disclosed.
(b) Each User and
Broadcaster agrees that it will not use the Website for any of the following:
(i) the creation or
transmission of any Streams which a Broadcaster and/or any User may rely upon
monitoring purposes including but not limited to the surveillance of property
and goods and/or the detection of crime;
health and safety
related purposes; and/or
the monitoring of
the safety, condition, state and/or wellbeing or otherwise of any person,
animal or other living organism.
(ii) the creation or
transmission of any offensive, obscene or indecent images, data or other
material, or any data capable of being resolved into obscene or indecent images
(iii) the creation or
transmission of material which is designed or likely to cause alarm,
harassment, upset, annoyance, inconvenience or needless anxiety or which is
hateful, offensive or inflammatory;
(iv) the promotion of any
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
(v) the creation or
transmission of defamatory material;
(vi) the transmission of
material such that this infringes the copyright or other intellectual property
rights of another person;
(vii) advocating, promoting
or assisting any unlawful act such as (by way of example only) copyright
infringement or computer misuse;
(viii) the transmission of
unsolicited commercial or advertising material either to other Users, or to
organisations connected to other networks;
(ix) deliberate unauthorised
access to facilities or services accessible via the Website;
(x) deliberate activities
with any of the following characteristics:
destroying other Users' data;
privacy of other Users;
work of other Users;
using the Website
in a way that denies service to other users (for example, deliberate or
reckless overloading of access links);
other misuse of
the Website and any Website resources, such as the introduction of viruses.
2. Specific Responsibilities of Users and
(a) Each User
and Broadcaster is solely responsible for the accuracy, legality, currency and
compliance of its own Material and will be solely liable for false, misleading,
inaccurate, infringing or other actionable material contained or referred to
(b) Each Broadcaster
is solely responsible for maintaining the confidentiality of its unique username
and password, and for its use. Evidence of use of the username and password can
be produced to support or defend any dispute or actionable cause or matter
which arises in relation to the same.
(c) Each User
is solely responsible for maintaining the confidentiality of its unique guest
name and any change to any guest name used in any chat discussion, and for its
use. Evidence of use of any guest name can be produced to support or defend any
dispute or actionable cause or matter which arises in relation to the same.
(d) Where Users
and/or Broadcasters collaborate with one another as a result of use of this
Website or any chat discussion, they do so as independent contracting parties. Users
acknowledge that We will not in any way be construed as a party to such
collaboration nor be liable nor responsible in any way for the dealings of such
collaboration or the parties to such collaboration.
and Sanctions Procedure
complaint by a User, Broadcaster or any third party should in the first
instance, be referred to Us by email to firstname.lastname@example.org (a ‘Complaint’). We shall have all the powers of an arbiter in determining any
(b) We will
deal with Complaints as soon as reasonably and practicably possible and, where
necessary, will call upon evidence of any third party and the applicable Users
and/or Broadcasters in dispute.
(c) We will determine, in
our discretion, whether there has been a breach of this Code by any User and/or
Broadcaster. When a breach of this Code has occurred, We may take such action
as We deem appropriate.
(d) Failure to comply with
this Code constitutes a material breach of the contract upon which Users and
Broadcasters are permitted to use the Website, and may result in Our taking all
or any of the following actions:
(i) Immediate, temporary
or permanent withdrawal of any User and/or Broadcaster right to use the Website
and/or to provide any Stream.
(ii) Immediate, temporary
or permanent removal of any Stream, posting or Material uploaded to the
(iii) Issue of a warning to
any User and/or Broadcaster.
(iv) Legal proceedings
against any User and/or Broadcaster for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach.
(v) Further legal action
against any User and/or Broadcaster.
(vi) Disclosure of such
information to law enforcement authorities as We reasonably feel is necessary.
(vii) Referring the matter
to a court of competent jurisdiction if the dispute necessitates the same (e.g.
requires an injunction, seizure or similar judicial measure).
(e) We exclude liability
for actions taken in response to breaches of this Code. The responses described
in this policy are not limited, and we may take any other action We reasonably
Indemnity and Waiver
(a) Each User
and Broadcaster agrees to indemnify and keep indemnified Camstreams,
its successors and assigns, and each of its respective directors, officers,
employees and agents from and against any and all liability, damages, losses,
claims (including reasonable legal fees) resulting in any way from its use of
and from any Material posted on this Website, to any chat discussion or from
any other matter relating to its participation herein including but not limited
to use of the information contained on the Website, from chat discussions or
arising from any introduction or collaboration resulting therefrom or otherwise
arising from using the Website.
(b) Each User
and Broadcaster waives any right to bring any claim or action against Camstreams
for any loss, damage or injury arising from use of the Website or any Material
from the Website or from this Code.
of Warranties and Liability
does not warrant the content, accuracy or veracity of any Material or other
information on the Website, the responsibility for which rests with each of the
Users and Broadcasters as specified in Section 2 above.
(b) Each User
and Broadcaster accepts the Website "AS IS" with any faults or
failings and without any representation, warranty or guarantee whatsoever,
express or implied, including without limitation any implied warranty of
accuracy, completeness, quality, merchantability, fitness for a particular
purpose or non-infringement.
(c) With the exception
of liability for death or personal injury caused by its negligence or for
deceit or fraudulent misrepresentation, in no event will Camstreams be liable
for any injury, loss, claim, damages or any special, incidental, consequential,
exemplary or punitive damages of any kind arising out of or in connection with
any User's access to, or use of the Website, any Material thereon or any goods,
materials or services available therefrom, whether based in contract, tort and
whether negligent or otherwise, even if Camstreams has been advised of the
possibility of such damages. In the event that this exclusion of liability is
held by a court of competent jurisdiction to be unlawful, but that liability
may be lawfully limited, Camstreams's aggregate total liability to any User for
all such damages and losses shall be limited to £1 (one pound Sterling). Each
User and Broadcaster declares that it has accepted the terms of this Code in
the knowledge that the liability of Camstreams is limited and that such
limitation of liability is reasonable given that use of the Website is provided
(d) Each User and
Broadcaster acknowledges and understands that We are under no obligation to
oversee, monitor or moderate any Stream, Material, interactivity or other
service provided on our Website, and (except as provided in section 5(c)), We
expressly exclude Our liability for any loss or damage arising from the use of
the Website by any User and/or Broadcaster in contravention of this Code.
(e) Other than as provided
in section 5(c), each User and Broadcaster acknowledges and understands that We
shall not be liable for any loss or damage sustained or incurred by any User
and/or Broadcaster as a result of any unavailability or failure or breakdown of
any Stream, Material, interactivity or other service provided on our Website
for whatever reason.
6. Term and Termination
Each User and Broadcaster agrees to remain bound by this
Code (as amended from time to time) for as long as they remain a Broadcaster
and/or User of the Website and wishes to use the Website unless Camstreams
earlier terminates, suspends or otherwise limits access to the Website and/or any
associated services in accordance with Section 3 above or as it otherwise deems
Each User agrees that this Code and
any dispute arising in any way in relation to the Website will be governed by
and construed in accordance with the applicable laws of England.
In the event that any provision in this Code is determined to be
unenforceable or invalid, such provision shall be severed and the remaining
provisions which shall be enforceable shall remain if force and effect to the
fullest extent permitted by the laws of England.
This Code represents the entire agreement between User and the
Website Owner relating to the subject matter hereof, and supersedes any prior
understanding or agreements regarding the Website.
(c) We may revise this Code at
any time by amending this page. Users and Broadcasters are expected to check
this page from time to time to take notice of any changes We make, as they are
legally binding. Some of the provisions contained in this Code may also be
superseded by provisions or notices published elsewhere on our site.
|Some main points, to add to the above:
- Do not broadcast any adult material
- Do not broadcast music and/or other copyrighted material on your stream
- Do not misrepresent your stream for the purposes of stealing Camstreams traffic - this includes redirecting from your broadcast page to another page and/or using Camstreams solely as a means to drive traffic to your website.
Failure to adhere to any of our terms may result in account removal without notice.