Last Updated: October 13, 2020
ACCEPTANCE OF THE AGREEMENT
This terms-of-use agreement is entered into between you and Lowhill Games Oy, a limited liability company (“Company,” “we,” or “us”) with a registered address at Sävelänkatu 7, 38710 Kankaanpää, Finland. The following terms, together with any documents they expressly incorporate by reference (collectively, this “agreement”), govern your access to and use of the interactive chat and camera streaming service through the Company’s website located at CamWhirl.com (the “Website”) and the Company’s mobile application (collectively, “CamWhirl”), including any content, functionality, and services offered on or through CamWhirl (the “Services”), whether as a guest or a registered user.
Please read this agreement carefully before you start to use CamWhirl. By downloading the mobile application, accessing using the Website, making any use of the Service, or clicking to accept or agree to this agreement when this option is made available to you, you agree to be bound and abide by this agreement and our Acceptable Use Policy (“AUP”). If you do not want to agree to this agreement or the AUP, you must not access or use CamWhirl.
CamWhirl is offered and available to users who are 18-years old or older. By using CamWhirl, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use CamWhirl.
CHANGES TO THE AGREEMENT
We may revise and update this agreement from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of CamWhirl afterwards. However, any changes to the dispute resolution provisions stated in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on CamWhirl.
Your continued use of CamWhirl after the posting of the revised agreement means that you agree to the changes. You are expected to check this webpage frequently so you are aware of any changes, as they are binding on you.
ACCESSING CAMWHIRL AND ACCOUNT SECURITY
We may withdraw or amend CamWhirl, and any service or material we provide on CamWhirl, in our sole discretion without notice. We will not be liable if for any reason any part of CamWhirl is unavailable at any time or for any period. From time to time, we may restrict access to all or part of CamWhirl to users, including registered users.
You are responsible for:
To access CamWhirl or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of CamWhirl that all the information you provide to us is complete. You acknowledge that all information you provide to register with CamWhirl or otherwise, including through the use of any interactive features on CamWhirl, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and will not provide any other person with access to CamWhirl or portions of it using your username, password, or other security information. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this agreement.
INTELLECTUAL-PROPERTY RIGHTS
CamWhirl and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement permits you to use CamWhirl for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on CamWhirl, except as follows:
You must not:
You must not access or use for any commercial purposes any part of CamWhirl or any services or materials available through CamWhirl.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of CamWhirl in breach of this agreement, your right to use CamWhirl will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to CamWhirl or any content on CamWhirl is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of CamWhirl not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
TRADEMARKS
The Company name, the term CamWhirl, the Company logo, and all related names, logos, product and service names, designs, and slogans are service marks and trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s written permission. All other names, logos, product and service names, designs, and slogans on CamWhirl are the service marks and trademarks of their respective owners.
PROHIBITED USES
You may use CamWhirl only for lawful purposes and in accordance with this agreement. You must not use CamWhirl:
Additionally, you must not:
USER CONTRIBUTIONS
CamWhirl contains chat and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through CamWhirl.
All User Contributions must comply with the content standards stated in this agreement and in the AUP.
Any User Contribution you post to CamWhirl will be considered non confidential and nonproprietary. By providing any User Contribution on CamWhirl, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Contribution for any purpose unless otherwise provided in our Privacy Policy.
You state that:
You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other CamWhirl user.
MONITORING AND ENFORCEMENT; TERMINATION
We may:
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through CamWhirl. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on CamWhirl and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS
These content standards and those stated in the AUP apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, national, local, and international laws and regulations. User Contributions must not:
RELIANCE ON INFORMATION POSTED
The information presented on or through CamWhirl is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to CamWhirl, or by anyone who may be informed of any of its contents.
CamWhirl includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO CamWhirl
We may update the content on CamWhirl from time to time, but its content is not necessarily complete or up to date. Any of the material on CamWhirl may be out of date at any given time, and we are not required to update that material.
INFORMATION ABOUT YOU AND YOUR VISITS TO CamWhirl
All information we collect on CamWhirl is subject to our Privacy Policy. By using CamWhirl, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
ONLINE PURCHASES
Recurring Billing. By starting your premium membership and providing or designating a payment method, you authorize our authorized payment processor to charge you the premium membership fee at the rate in effect when you originally signed up, and any other charges you may incur in connection with your use of CamWhirl, such as taxes or possible transaction fees. Your premium membership will continue for the length of the initial term you select, and, at the end of your prepaid initial term, it will automatically renew for additional prepaid periods of the same length. You must cancel your premium membership before it renews to avoid billing of the next term’s membership fees to your payment method. Your account will automatically be charged at the rates in effect at the time you originally signed up.
Price Changes. We may adjust pricing for our service or any components of it in any manner and at any time as we may determine in our sole discretion.
Billing Cycle. The premium membership fee for our service will be billed at the beginning of the paying part of your membership and each billing cycle afterwards, as indicated on the payment page at the time of initial purchase, until you cancel your membership.
Billing Disputes. If you believe we have charged you in error, you must notify us or our authorized payment processor in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing by contacting us directly via email at [email protected]. Please include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods, except that we may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact us and explain the circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of free services or a credit to the payment method you used for your purchase; we will not make refunds in the form of cash or check. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate us to provide refunds in the future, under any circumstance.
Cancellation. You may cancel your premium membership at any time, and you will continue to have access to the premium membership benefits through the end of your billing cycle. To cancel your premium membership, you can use the designated billing area within our website or by directly contacting [email protected].
LINKING TO CAMWHIRL AND SOCIAL MEDIA FEATURES
You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.
CamWhirl may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms we provide with respect to those features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards stated in this agreement and the AUP.
You will cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable any social media features and any links at any time without notice at our discretion.
LINKS FROM CAMWHIRL
If CamWhirl contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to CamWhirl, you do so entirely at your own risk and subject to the terms of use for those websites.
GEOGRAPHICAL LIMITATIONS
The owner of CamWhirl is based in Finland. We make no claims that CamWhirl or any of its content is accessible or appropriate outside of Finland. Access to CamWhirl may not be legal by certain persons or in certain countries. If you access CamWhirl from outside Finland, you do so on your own initiative and are responsible for compliance with local laws.
WARRANTY DISCLAIMERS
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or CamWhirl will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to CamWhirl for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of CamWhirl or any services or items obtained through CamWhirl or to your downloading of any material posted on it, or on any website linked to it.
Your use of CamWhirl, its content, and any services or items obtained through CamWhirl is at your own risk. CamWhirl, its content, and any services or items obtained through CamWhirl are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of CamWhirl. Neither the Company nor anyone associated with the Company represents or warrants that CamWhirl, its content, or any services or items obtained through CamWhirl will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that CamWhirl or the server that makes it available are free of viruses or other harmful components, or that CamWhirl or any services or items obtained through CamWhirl will otherwise meet your needs or expectations.
The Company disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including any warranties of merchantability, noninfringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION ON LIABILITY
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, CamWhirl, any content on CamWhirl, or any services or items obtained through CamWhirl, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Company for the applicable service in the last three months out of which liability arose.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchased through the site.
INDEMNIFICATION
You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or the AUP or your use of CamWhirl, including your User Contributions, any use of CamWhirl’s content, services, and products other than as expressly authorized in this agreement or the AUP or your use of any information obtained from CamWhirl.
GOVERNING LAW AND JURISDICTION
Finnish law governs all matters relating to CamWhirl and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of Finnish or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or CamWhirl not subject to arbitration will be instituted exclusively in the federal courts of Finland or the courts of Finland in each case located in the city of Pori, although we may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
CLASS ACTION WAIVER
All claims arising out of or relating to this agreement, the AUP, or the Services must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise in writing, the arbitrator must not consolidate more than one person’s claims.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to this agreement, the AUP, or the Services must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.
WAIVER AND SEVERABILITY
No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
ENTIRE AGREEMENT
This agreement and the AUP constitute the entire agreement between you and the Company regarding CamWhirl and the Services and supersedes all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding CamWhirl and the Services. Additional terms may also apply to specific portions, services, or features of CamWhirl. All those additional terms are incorporated by this reference into this agreement.
FEEDBACK
We encourage you to give feedback about CamWhirl. But we will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to CamWhirl should be directed to: [email protected].