Terms & Conditions
TERMS AND CONDITIONS
Introduction
Thank you for using the CAMaster, Inc.’s customer content upload portal (“Portal”). This Portal allows you to share photos, videos and other content (“Content”) with CAMaster, Inc.
Your Portal Provider
The entity providing the Portal is CAMaster, Inc. a company operating under the laws of Georgia, located at 149 Wansley Dr, Cartersville, GA 30121 (referred to as “CAMaster”, “we”, “us”, or “our”).
Who may use the Service?
You must be an owner or operator of a CAMaster machine in order to use this Portal.
Your Content
Uploading Content
If you have a CAMaster machine, you may be able to upload Content to the Portal. All Content must be made using a CAMaster machine. You are legally responsible for the Content you submit to the Portal. The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to CAMaster, as described below.
License to CAMaster
By uploading Content to the Portal, you grant to CAMaster a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) and CAMaster’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Content.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Portal. You understand and agree, however, that CAMaster may retain, but not display, distribute, or perform, server copies of your images and videos that have been removed or deleted.
Removing Your Content
You may request that CAMaster cease the use of your Content at any time. You must request the cessation of use of your Content if you no longer have the rights required by these terms.
Removal of Content By CAMaster
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for CAMaster or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, CAMaster or our Affiliates.
Copyright Protection
If you believe your copyright has been infringed by CAMaster, please send us a notice.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND CAMASTER, INC. DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, CAMASTER, INC. ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE USE OF YOUR CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OUR USE OF YOUR CONTENT;
- ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CONTENT;
- ANY INTERRUPTION OR CESSATION OF THE PORTAL;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR CAMASTER, INCLUDING THE USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
CAMASTER, INC. AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE PORTAL IS LIMITED TO USD $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CAMaster, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by CAMaster. CAMaster has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Georgia law, except Georgia’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Fulton County, Georgia, USA. You and CAMaster consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND CAMASTER, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Effective as of January 5, 2023
