SkynCams Terms of Service

Updated: 2/25/2017

Introduction

When you create an account on Skyncams.com (“us” or “we”) you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the entire agreement between us and you, the user, with respect to your use of the interactive, streaming video and text communication platform available at Skyncams.com. You must agree to abide by all terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between us, or any of its successors or assigns (referred to herein as the “Site”, “we” or “us”) and you (sometimes referred to herein as “you” or “your”) IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.

Purpose of Skyncams.com

Skyncams serves as a platform to allow users, including you, to broadcast streaming video, view the streaming videos of others and to interact via text. The Platform operates solely as a social networking platform and any misuse of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. The Platform is not a dating, hook up or similar type of service/website. The Platform is merely intended for entertainment purposes only which include permitting consenting adults to view, share and communicate their interests and consented to activities. We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the “Last Updated” date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account and cease accessing the Platform and Skyncams.com. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability.

Minimum Age Requirement

In order to access and/or use the skyncams.com, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”). In the event that we believe or are advised that a third party believes you not to be the Age of Majority, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of Skyncams.com to law enforcement. Any and all suspected minors, including all of their account information, will be reported to the United States National Center for Missing and Exploited Children (“NCMEC”).

No Responsibility

Skyncams.com is a tool which allows users to interact both in text and video form as well as sell personal videos and snapchat access. Each user is responsible for the content of his or her own communications. While we have established the Code of Conduct below and will use our reasonable efforts to investigate any report(s) that one or more users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the various chat rooms, broadcasts or any other communication through Skyncams.com. We have no control over any communications which happen through Skyncams.com and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of Skyncams.com. It is possible that one or more users may post links to third party websites (the "External Links"). We are not responsible for, and shall have no liability to you or anyone else as a result of, the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated either through Skyncams.com or by one of more users of the website. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of Skyncams, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of Skyncams, or any interruption or suspension regardless of the cause of the interruption or suspension. please see details on cancellation below.

License Granted to Skyncams.com

By streaming or uploading any content to the Skyncam network you are granting to Skyncams.com and its third party advertisers a fully paid, worldwide, irrevocable license to use and distribute such content through advertising. By uploading and/or streaming any content in any form through the Skyncam network you are requesting and directing us to make such content to other users and viewers of the Network.

Code of Conduct

As mentioned throughout this Agreement, we merely provide Skyncams.com for use by adults. We do not seek to control or censor the information users choose to post on the Service; however, in order to ensure Skyncam remains an opening and welcome place for users, we have instituted the following Code of Conduct:

We have no tolerance for minors on Skyncams for any reason. You will not use Skyncams to request, offer, share, or in any way seek or distribute child pornography or even non-pornographic photographs and/or videos of minors. You will not at any time or for any reason share or post any image or video of any minor through Skyncams.com nor will you request or indicate you are interested in any image or video of any minor. Any breach of this section, no matter how “innocent” or the basis for such breach, will lead to an immediate ban of your account and a report of such breach and all of your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS. You will not discuss the abuse of any minor, any attraction to minors, any sexual activity with minors (even if you yourself were a minor) or any other type of discussion about minors in a sexual or abusive manner for any reason whatsoever. Any breach of this section will result in the immediate ban of your account and we will report all such discussions and your account information to NCMEC and, if we deem advisable in our sole discretion, one or more law enforcement agencies. NO EXCEPTIONS. You shall at all times comply with United States federal laws, regardless of your location, as well as all laws applicable to where you reside. As mentioned above, you acknowledge that you are solely responsible for any and any all information streamed, posted, sent from or otherwise distributed through your account on Skyncams.com. You understand that your account is for your own personal non-commercial use unless you have signed up to become an Independent Compensated Broadcaster as described below. You will not use Skyncams to stream or share, whether real or simulated, any illegal or unsafe activity of any kind nor any violence, torture, pain, erotic asphyxiation, rape or any other action associated with causing harm to yourself or another person. Moreover, any depiction of blood for any reason will not be tolerated. You shall not use Skyncams to in any way share or distribute any libelous, slanderous, abusive or defamatory information or statements. Further, you will not use Skyncams to engage in any harassing activity. You will not share or encourage through Skyncams any hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature. You shall not use Skyncams to impersonate or in anyway infringe on the property, civil or intellectual property right(s) of any user. You will not use Skyncams to solicit funds from any other user nor to advertise or solicit for any goods or services. You will not use Skyncams to distribute or share any chain letters, advertisements, spam or any other type of commercial message. You will not use Skyncams nor any information received by you through or from Skyncams for any illegal purpose or any purpose which would be a violation of this Agreement. You will not appear drunk/intoxicated on camera nor will you drink or take/use any mind altering substances. You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.

Member’s Obligation to Comply with 18 U.S.C. 2257

You should be aware that, pursuant to federal law, any visual depictions that you upload to and/or stream through Skyncam.com that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.

Compensated Independent Broadcaster

Skyncams.com contains an option for users to give Credits to other users and for certain users to receive such Credits. Users who are capable of receiving Credits are known as “Compensated Independent Performers”. In order to become a Compensated Independent Broadcaster, a user must provide certain age verification documentation. In the event that a Compensated Independent Broadcaster is terminated from using Skyncams.com due to a breach or suspected breach of this Agreement in addition, including providing false documentation to Skyncams our rights under this Agreement any and all Credits in the Compensated Independent Broadcaster’s account will be deemed forfeited to the Platform as partial compensation to the Platform for investigating and/or identifying the actual or alleged breach. In addition to providing certain age verification documentation, all Compensated Independent Broadcasters will be subject to our payment terms and conditions which will be made available to all interested users during the process of changing the user’s account status. Compensated Independent Broadcasters and not employees of Skyncams and Skyncam does not undertake any duty to supervise any Compensated Independent Broadcaster’s activity through the Skyncams at any time.

Information You Share

You are solely responsible for any information you share with any user either through Skyncams or otherwise and you specifically acknowledge that any information you share with another user should be considered public information. We have no control and take no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user you believe to be responsible.

Representations and Warranties

By using Skyncams, you represent and warrant the truth and accuracy of each of the following: All images and content uploaded and/or streamed through the Skyncams are your own and you own all the necessary rights to comply with this Agreement and to distribute such images and content. You understand that Skyncams contains and/or streams explicit erotic content in text, image, video and through sound. You acknowledge that you willingly and freely wish to gain access to all such content. You are familiar to the laws and community standards applicable to you and your access to and/or use of Skyncams will not violate any such laws or community standards. You acknowledge that all content streamed and/or hosted through our servers is done so by us at the request and direction of users of Skyncams. You understand that by making Skyncams available we are not directing and will never direct any user to upload and/or stream any content of any particular nature including any content which may infringe upon the rights of any third party. You understand that any review of any content uploaded to Skyncams, either before or after such content is viewed by either users, shall only be cursory in nature to identify any obvious violations of this Agreement and that it is your sole responsibility to confirm that you are complying with this Agreement and not violating the right(s) of any third party.

Video and Image Purchases

Skyncams offers the ability for Compensated Independent Broadcasters to post on their profiles videos and/or images selected by the applicable Compensated Independent Broadcaster determines for purchase by other users. You acknowledge that any purchase by you of any such video(s) and/or image(s) (the “Purchased Content”) is at your own risk and Skyncams makes no representations about the legality, suitability, enjoyability or any other quality of any such Purchased Content. You hereby release Skyncams, it’s directors, shareholders, attorneys, affiliates, successors, assigns, officers, employees and agents from any and all claims arising out of or in any way related to the Purchased Content.

Waiver of Claims

You acknowledge that you cannot bring legal action against the us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using Skyncams.

Copyright Claims

Because we respect the intellectual property rights of third parties, each user represents and warrants to us that all content shared and/or streamed through their account is the user’s own content. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Skyncams Designated Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a 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; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


You may send your Notice of Claimed Infringement to:
DGR. LLC
4045 S. Buffalo Dr STE 101
Las Vegas NV, 89147
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).

Notification and Take Down Procedures

Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on Skyncams who violates such policy.

DMCA Counter-Notification Procedure

Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the “Uploader”) of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.

Proprietary Information

The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.

No Account Sharing

Each account created on Skyncams must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user’s account with anyone else. You are responsible for all usage, activity, purchases and Credits usage on Skyncams. All accounts and Credits purchased are non-transferable. Charges
You may purchase Credits using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Credits you will be provided with a variety of purchase options which may include discounts for higher purchases of Credits. Please note that other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Credits through Skyncams, you have no right or title in or to any such Credit. We reserve the right to manage, regulate, control, modify and/or eliminate such Credits as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Credits may not be transferred without our prior, explicit written authorization for such transfer. Except as expressly provided otherwise herein, Credits may not be used for any “real-world” purpose including, by way of example only, trade or sale. You agree that all purchases of Credits are “final sale” and no refund will be given in the event either you or we terminate your account. In the event that you make any Credits purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.

Export Control

Skyncams must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. Skyncams must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of Skyncams and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

Skyncams is distributed and made available on an "as is" basis. We do not warrant that Skyncams will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of Skyncams. Where permitted by law, you acknowledge that Skyncams is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of Skyncams is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through Skyncams. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "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."

Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

Cancellation

You may cancel your membership at any time by emailing us at Info@SkynCams.com

Effect of Termination or Cancellation

In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of Skyncams nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.

Termination by Us

We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of Skyncams at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating Skyncams. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to Skyncams. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of Skyncams at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.