Welcome to the Vistawebcams. (“Vistawebcams”) web site – www.vistawebcams.com – and any other websites or services owned or operated by vistawebcams (the “Vistawebcams Service”).
By accessing the Vistawebcams web pages or by clicking “I agree” when registering to the service, You agree to be bound by these Terms of Use intended to help protect Vistawebcams and Vistawebcams Service users and the internet community in general from irresponsible or in some cases, illegal activities. You hereby represent and warrant to Vistawebcams that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements and that you agree to be bound by the following Terms of Use. Suppose you use the Vistawebcams Service on behalf of a business. In that case, you hereby represent to Vistawebcams that you have the authority to bind that business, and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms of Use.
Vistawebcams reserves the right, at Vistawebcams’s discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Vistawebcams Service. All registered users will be notified by e-mail or via a notice on the website (when the user logs in). Your continued use of the Vistawebcams Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the Vistawebcams Service. If you do not agree with the amended Terms, you are free to stop using the Vistawebcams Service at any time.
The data and materials on the Vistawebcams Service, except the Published Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Vistawebcams Service (collectively, the “Materials”) are the intellectual property of Vistawebcams, its licensors, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions, and proprietary rights. All ownership rights to the Materials remain with Vistawebcams, its licensors, or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Vistawebcams or its affiliates and/or third-party licensors. Except as expressly authorized by Vistawebcams, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Vistawebcams reserves all rights not expressly granted in and to the Vistawebcams Service and the Materials.
Published Content
You accept your sole liability for any material including, but not restricted to, data, graphic, photographic, and video supplied to Vistawebcams or published on the Internet using Vistawebcams Service (collectively, the „Published Content“), which is subject to copyright or is judged to be unlawful or to be in violation of international law or regulation.
Under no circumstances will the storage and transmission of pornographic materials in any form whatsoever be allowed through or on Vistawebcams’s servers and data transmission cables. The term and content of “pornographic materials”, is purely at the discretion of the Directors of Vistawebcams. Their decision in such matters is full and final.
You acknowledge that the service may only be used for lawful purposes. Any information including but not restricted to, graphic, image, photograph, text in violation of any international regulation(s) including but not restricted to material which is obscene, indecent, judged to be unlawful, threatening, damaging (including any transfer of a computer virus), copyright, trade secret, is prohibited whether or not the customer was aware of the content, material and or the laws pertaining to the material.
Vistawebcams reserves the right to limit the transfer of data if necessary for any reason.
You acknowledge that you shall be solely responsible for any violation of International law about the remote loading of information of any kind onto the Vistawebcams servers/computers, to view or download by a third party. Vistawebcams will retain the right to suspend and or terminate any remote service that they deem to be in breach of International law or is of a nature that may be damaging, threatening, or judged to include but not restricted to material that is obscene, indecent, libelous, subject to copyright whether or not the customer was aware of the content or the laws or regulations about it Internationally.
You acknowledge your sole liability about any claim by third parties alleging any infringement of rights of any kind due to transmission of any information viewed by the customer and shall include any infringement of rights under International law and or regulation and as such agree to pay to Vistawebcams any costs incurred in the defense of any action brought against them by a third party arising from such claims.
You retain all of your ownership rights in your Published Content. However, when using any of our subscription plans that are free of charge, by submitting Published Content to Vistawebcams Service, you:
- grant Vistawebcams a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, communicate to the public, make available, publish, create derivative works of, edit, and otherwise exploit your Published Content (and derivative works thereof) solely in connection with the Vistawebcams Service and Vistawebcams’s (and its successor’s) business, including without limitation for promoting of the Vistawebcams Service in any media formats, media channels or medium now or hereafter in existence; and
- grant each user of the Vistawebcams Service a non-exclusive license to access your Published Content through the Vistawebcams Service, and to use, reproduce, distribute, communicate to the public, make available, publish, create derivative works of, display and perform such Published Content (and derivative works thereof) solely as permitted through the functionality of the Vistawebcams Service and under these Terms of Use.
If you use any of our paid subscription plans:
- by submitting Published Content to Vistawebcams Service, you grant Vistawebcams a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, communicate to the public, make available, publish, and otherwise exploit your Published Content solely to the extent as reasonably necessary for provision of the Vistawebcams Service to you; and
- Vistawebcams will not use, edit, or amend your Published Content for any purpose, including for promotion or publicity, other than where necessary for the operation of the Vistawebcams Service.
You understand that when using the Vistawebcams Service, you will be exposed to Published Content from a variety of sources and that Vistawebcams is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Published Content or other content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vistawebcams with respect thereto. Vistawebcams does not endorse any Published Content or any opinion, recommendation, or advice expressed therein, and Vistawebcams expressly disclaims any liability in connection with the Published Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Vistawebcams WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD Vistawebcams, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE Vistawebcams SERVICE.
Copyright infringement notification
If you are a copyright owner or an agent thereof and believe that any content on the Vistawebcams Service infringes your copyrights, you may submit a written notification to info@Vistawebcams.com.
If you receive notice from Vistawebcams that your content has been taken down according to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide Vistawebcams with a counter-notification. To be valid, a counter-notification must be a written communication provided to info@Vistawebcams.com.
Vistawebcams reserves the right to terminate without notice your access to the Vistawebcams Service if You are determined by Vistawebcams to be a “repeat infringer.” In addition, Vistawebcams accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Advertising
You agree that Vistawebcams may display advertisements and promotions of all kinds in and with the Vistawebcams Service (including the Published Content). You understand that Vistawebcams may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by Vistawebcams related to such advertisements or promotions.
Knowledge of the Internet
You agree to obtain a basic knowledge of the Internet and its operating principles and procedures.
Improper Uses – You will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings, mass advertisements, pirating or copying of software, mail bombing, deliberate transmission of computer viruses, or other methods of attempting to deny service or access to other users, and attempts to violate security.
Security
You are required to protect the security of your internet account and usage. Your security policies and procedures, their implementation, and their connection to the Internet are Your responsibility. You will treat your password as private and confidential and will not disclose or share it with any third parties. Any packet filtering services provided by Vistawebcams provide a base level of protection and cannot be considered to render comprehensive security of any kind. You are responsible for securing your enterprise network via its security policies and procedures.
Limited Liability
Any liability arising from, including but not restricted to, damages caused or allegedly caused by any failure to provide the agreed service, error, omission, interruption of service and or delay of transmission of service, loss of electronically stored information due to, theft, fire, destruction, or using unauthorized access to electronic information stored on Vistawebcams’s equipment or third party providers utilized by Vistawebcams, shall be restricted to a maximum of the amount paid by the customer for the service/s provided by Vistawebcams or agent of Vistawebcams in respective period minus administration costs.
Fair Use and Availability
The Vistawebcams Service is provided to you only on an “as available” basis and Vistawebcams does not guarantee that the Vistawebcams Service will be uninterrupted or error-free. Vistawebcams does not guarantee specific monthly uptime levels in regards to the Vistawebcams Service.
Access to Your Account
To ensure maximum availability of the Vistawebcams Service, Vistawebcams support may access your Vistawebcams account, including all data stored in your account, to fix possible errors. Vistawebcams support may access your account if:
- you contact Vistawebcams support and report an error. If, to fix the error, we need to access your account, we will first seek your permission;
- a critical error occurs.
The critical errors are:
- Improper camera or account settings. This category includes error conditions that occur during normal operations, are not handled properly, and may result in application failure, application discontinuity, application instability, or platform overload.
- Service or function disruption. This category includes events of high risk of a function and/or service disruption which require preventive actions.
- Breach of contract. A violation of any of the agreed-upon terms and conditions of Vistawebcams Service (e.g. distribution of pornography, content protected by copyright, etc.)
- Health or property threats. This category includes emergency events requiring urgent intervention to prevent or minimize the impact on human health or property damage.
Log History
Starting from November 20, 2018, we keep a log history of all actions performed by our support within your Vistawebcams account. We will provide you with access to your account’s log history over the last 365 days upon your written request.
Access to Customer Data by Vendors (resellers)
You control your data and content and decide whether or not to grant access to your data to any third-party vendor (reseller).
General
Breaching of any of these terms and conditions in any form will allow the Directors of Vistawebcams to terminate the contract between you and the company operating as Vistawebcams, Inc. Monies outstanding or owed to either party will be decided by the Directors of Vistawebcams and their decision in such matters will be full and final.
Use of Vistawebcams services and goods, including domain names, constitutes acceptance of these terms and conditions.
Governing Law
These Terms are governed by and shall be construed by laws of Delaware, USA.
Data Processing
To the extent that Vistawebcams processes on your behalf any information relating to an identified or identifiable individual (the “Personal Data”) that is subject to the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons about the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; the “GDPR”) in the provision of the Vistawebcams Service, in particular when processing the Published Content, the terms of the Vistawebcams Data Processing Agreement https://www.Vistawebcams.com/dpa, apply to and form an integral part of these Terms.
You acknowledge that in the provision of the Vistawebcams Service, in particular when processing the Published Content, Vistawebcams acts as the data processor and you act as the data controller under the GDPR. It is your responsibility to obtain and maintain any required consents necessary to permit the processing of the Personal Data by Vistawebcams.
Privacy Policy
The Vistawebcams Privacy Policy https://www.Vistawebcams.com/privacy, applies to and forms an integral part of these Terms.
