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xrcams.com Terms of Use Agreement
Welcome to xrcams.com,
You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting xrcams.com, you
are agreeing to its terms. This Agreement is subject to change at any
time and changes are effective upon posting. Bookmark this page and
check it frequently as it is up to you to refer to this page for any
amendments/changes to the original Agreement. For purposes of the
Terms of Use, Precision Enterprisesludes its shareholders, directors, officers,
employees, agents, affiliates, subsidiaries and any affiliated
companies. 1. Eligibility:
You must be eighteen
or over to register as a member of or use this site. Membership in the
service is void where prohibited. By using and/or viewing this site,
you represent and warrant that you have the right, authority, and
capacity to enter into this agreement and to abide by all of the terms
and conditions of this agreement and that you are at least 18 years old
(or 21 years old in any location where 18 is not the age of majority)
and you are interested in and wish to have access to visual images,
verbal and written descriptions, and audio sounds of a
sexually-oriented and frankly erotic nature. The materials that are
available within this site may include graphic visual depictions and
descriptions of nudity and sexual activity and should not be accessed
by anyone who is younger than 18 years old (or 21 years old where 18 is
not the age of majority) or who is offended by such materials or who
does not wish to be exposed to such materials. Commercially available
parental control protections (such as computer hardware, software, or
filtering services) may assist you in limiting access to material that
is harmful to minors. other analogous sites providing information on such protections.
(The preceding link is provided for information purposes only and is
not intended as an endorsement of these entities, their services, or
policies. Various, Inc. is not affiliated with them.) By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
B)
That you will not permit any person(s) under 18 years of age (or 21
years where 18 is not the age of majority) to have access to any of the
materials contained within this Site. C) That you understand that when you gain access to this
site, you will be exposed to visual images, verbal descriptions and
audio sounds of a sexually oriented, frankly erotic nature, which may
include graphic visual depictions and descriptions of nudity and sexual
activity. You are voluntarily choosing to do so, because you want to
view, read and/or hear the various materials which are available, for
your own personal enjoyment, information and/or education. Your choice
is a manifestation of your interest in sexual matters which, you
believe, is both healthy and normal and which, in your experience, is
generally shared by average adults in your community. You further
represent and warrant that you are familiar with the standards in your
community regarding the acceptance of such sexually-oriented materials
and the materials you expect to encounter are within those standards.
In your judgment, the average adult in your community accepts the
consumption of such materials by willing adults in circumstances such
as this which offer reasonable insulation from the materials for minors
and unwilling adults, and will not find such materials to appeal to a
prurient interest or to be patently offensive. D) That you further represent and warrant that you have not
notified any governmental agency, including the U.S. postal service,
that you do not wish to receive sexually oriented material. E) That you represent and warrant that you have not and
will not use and/or view the Site(s) in a restricted location - namely
a place, country, or location in which doing so would, or could be
deemed a violation of any law, regulation, rule, ordinance, edict or
custom. 2. Fees/Termination:
Precision's usage
and/or subscription fees were provided to you upon registration and may
change from time to time upon electronic notice to you. Precision
reserves the right to terminate your access to the site for any reason
or no reason. Precision may terminate your membership upon sending
notice to you at the email address you provide in your application for
membership or such other email address as you may later provide to us.
If Precision terminates your membership in the Precision service
because you have breached this Agreement, you will not be entitled to
any refund of any unused subscription fees. Even after this Agreement
is terminated, certain provisions will remain in effect including, but
not limited to, the preamble, and paragraph 2, 4, 5, 6, 8, 10, 12 and
14, inclusive, of this Agreement. You, the buyer, may cancel this agreement, without any
penalty or obligation, at any time prior to midnight of the original
contract seller's third business day following the date of this
contract, excluding Sundays and holidays. To cancel this agreement,
mail or deliver a signed and dated notice, or send a telegram which
states that you, the buyer, are canceling this agreement, or words of
similar effect. This notice shall be sent to: Various, Inc., Customer
Service-Cancellations,
3. Non-Commercial Use by Members/Viewers:
Precision
is for the personal use of individual members and viewers only and may
not be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not become members of Precision and
should not use Precision for any purpose. Illegal and/or unauthorized
uses of the site, including unauthorized framing of or linking to the
site or the sending of unsolicited bulk commercial e-mail will be
investigated and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress. In order
to prevent the sending of unsolicited email to its members, Precision
may take reasonable steps, including the limiting of the numbers of
emails sent by a member. 4. Proprietary Rights of Content on Precision:
Precision
owns and retains other proprietary rights on xrcams.com. The Site
contains the copyrighted material, trademarks, and other proprietary
information of Precision and its licensors. Except for that information
that is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. 5. Content Posted on Precision/CDA:
A)
Precision claims immunity from liability to the fullest extent under
the law and as provided under the Communications Decency Act for
Content provided by third parties and members and nothing in this
Agreement is intended to waive, remove, or usurp such immunity. You
understand and agree that Precision may delete any content, messages,
photos or profiles (collectively, "Content") that in the sole judgment
Precision violates the Terms of Use or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety
of Precision, its employees, independent contractors, performers and/or
its members. B) You are solely responsible for the content that you
publish or display (hereinafter, "post") on Precision or transmit to
other Precision members. C) By posting content to any public area of Precision,
you automatically grant, and represent and warrant that you have the
right to grant, to Precision Enterprises and its members, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy,
perform, display, and distribute such information, rights of publicity
and Content and to prepare derivative works of, or incorporate into
other works and other media, such information and Content, and to grant
and authorize sublicenses of the foregoing. As a visitor to Precision,
if you provide us with your e-mail address via a registration process
or post it on Precision, you thereby authorize Precision and its
affiliates and any entities that Precision Enterprises becomes involved with
or merges with, the right to use and/or sell your valid email address
for any marketing programs or communications with you. D) The following is a partial list of the kind of
Content that is illegal or prohibited on the site. Precision Enterprises will
investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without
limitation, removing the offending communication from the service and
terminating the membership of such violators. It includes content that:
is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; harasses or advocates harassment of another
person or invades their privacy; involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files; contains restricted or password only
access pages, or hidden pages or images (those not linked to or from
another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the
age of 18 in a sexual or violent manner or solicits personal
information from anyone under 18; provides instructional information
about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and engages in commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes. E) You must use the Precision service in a manner consistent with any and all applicable laws and regulations.
F)
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or
routine to bypass or to interfere or attempt to interfere with the
proper working of Precision. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on
our infrastructure. Much of the information on our site is updated on a
real-time basis and is proprietary or is licensed to Precision by our
users or third parties. G) You may not engage in advertising to, or solicitation
of, other members to buy or sell any products or services through the
service. You will not transmit any chain letters or junk email to other
Precision members. Although Precision cannot monitor the conduct of its
members off the Precision site, it is also a violation of these rules
to use any information obtained from the service in order to harass,
abuse, or harm another person in order to contact, advertise to,
solicit, or sell to any member without their prior explicit consent. 6. Copyright Policy/DMCA Notice:
You
may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights or otherwise have a valid basis under the law, including "fair
use". Without limiting the foregoing, if you believe that your work has
been copied and posted on the Precision service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the our site including the URLs of web pages and/or
hyperlinks; your address, telephone number, and email address; a
written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
It
is the intention of Precision to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit from the safe
harbors immunizing it from liability to the fullest extent provided by
law, and to the extent the Notice and "take down" requirements above
deviate from the requirements under the DMCA then the Notice
requirements as provided by the DMCA shall control and are herein
incorporated by reference. 7. Member Disputes:
Precision does not
control the information provided by other users that are made available
through our system. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and safety when using our site. You are solely
responsible for your interactions with other Precision members. Because
it is not involved in member interactions, in the event that you have a
dispute with one or more members or those who have posted, viewed, or
used information on a Precision site, you release Precision, including
its officers, directors, agents, subsidiaries and employees, from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §
1542, which says: "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." Precision reserves the right,
but has no obligation, to monitor disputes between you and other
members. 8. Privacy:
Use of the Precision site and/or its service is governed by our Privacy Policy which may change from time to time upon electronic notice to you.
9. Disclaimers:
Precision,
including its shareholders, officers, directors, agents employees,
subsidiaries and affiliated company, is not responsible for any
incorrect or inaccurate Content posted on the site or in connection
with the Precision service, whether caused by users, members or by any
of the equipment or programming associated with or utilized in the
service, nor for the conduct of any user and/or member of the Precision
service whether online or offline. Precision assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user and/or
member communications. Precision is not responsible for any problems or
technical malfunction of any telephone network or lines, computer
on-line-systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or members or to any other
person's computer related to or resulting from participating or
downloading materials in connection with the Precision site and/or in
connection with the Precision service. Under no circumstances will
Precision be responsible for any loss or damage resulting from anyone's
use of the site or the service and/or any Content posted on the
Precision site or transmitted to Precision members. The Site and the
service are provided "AS-IS" and Precision expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Precision cannot guarantee and does not promise any specific results
from use of the site and/or the Precision service. 10. Limitation on Liability:
Except in
jurisdictions where such provisions are restricted (and in that event
liability is disclaimed to the fullest extent permitted by law), in no
event will Precision be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site
or Precision service, even if Precision has been advised of the
possibility of such damages. You further agree to hold Precision
harmless for claims arising from the use of Precision. Notwithstanding
anything to the contrary contained herein, Precision's liability to you
for any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you to
Precision for the service during the term of membership. 11. U.S. Export Controls:
Software
from this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any
such list. 12. Arbitration of Disputes:
Any and
all disputes arising out of these Terms of Use and/or your relationship
with Precision shall be submitted to the binding arbitration according
to the rules of the American Arbitration Association. The parties to
the arbitration shall evenly divide any and all costs of the
arbitration. Neither party shall be entitled to attorney fees. The
arbitration shall take place exclusively in Las Vegas, Nevada and shall
be governed by Nevada law without regard to its conflict of law
provisions. 13. Indemnity:
You agree to defend and
indemnify and hold Precision harmless from any loss, liability, claim,
or demand, including reasonable attorney's fees, made by any third
party due to or arising out of your use of the service in violation of
this Agreement and/or arising from a breach of these Terms of Use
and/or any breach of your representations and warranties set forth
above. 14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
or
to the email address you provide to Precision during the registration
process. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, Precision may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to
Precision during the registration process. In such case, notice shall
be given 3 days after the date of mailing. You agree that this
Agreement and all incorporated Agreements may be automatically assigned
by Precision in our sole discretion, to a third party. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Precision's failure to
act with respect to a breach by you or others does not waive its right
to act with respect to subsequent or similar breaches. If any provision
of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
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