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CODE OF CONDUCT & TERMS OF USE OF THE CAMSTREAMS WEBSITE
(updated September 2007)

Introduction

This Code of Conduct and Terms of Use (collectively referred to as the "Code") 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.

 

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:

(i)            All information and activities must be legal, decent and honest (in terms of any applicable local, national or international law and standards); and

(ii)            Data 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 for:

 

·                     security and/or 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 or material;

(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 (see this link for further clarification);

(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:

 

·          corrupting or destroying other Users' data;

·          violating the privacy of other Users;

·          disrupting the 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 Broadcasters

(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 therein.

 

(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.

 

3.             Complaints and Sanctions Procedure


(a)           Any complaint by a User, Broadcaster or any third party should in the first instance, be referred to Us by email to complaint@camstreams.com (a ‘Complaint’).  If you wish to request that We remove any material or content from the Website then you should utilise Our Notice and Take Down Procedure.  We shall have all the powers of an arbiter in determining any Complaint.

 

(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 Website.

(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 deem appropriate.

If you use an anonymous email service and/or we have no way to contact you back, your complaint will not be valid and will be ignored.

               

4.             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.

               

5.             Exclusion of Warranties and Liability

(a)           Camstreams 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 without charge.

 

(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 is appropriate.

 

7.             Applicable Law

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.

 

8.             General

(a)           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.

 

(b)           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.

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