Terms and Conditions
Shrimp Cam > Terms and Conditions
ShrimpCam.com is a service provided by Shrimp Cam LLC (hereinafter collectively “ShrimpCam”) for ShrimpCam in order to watch webcam content and related data, including images, pictures, and video, over the Internet (“Webcam Content”). By using this site, you (hereinafter “user”) agree to abide by these terms and conditions.
ShrimpCam provides users and Users with the ability to report a violation they find on ShrimpCam by filling out and email us at mike@shrimpcam.com.
- CHANGES TO TERMS OF SERVICE. ShrimpCam reserves the right to change the Terms of Service at its sole discretion and at any time, and users must comply with such changes. Updates made by ShrimpCam from time to time can be made without notice to Users. Notifications may appear on the ShrimpCam website. Users who violate the Terms of Service may have their access revoked.
- DESCRIPTION OF SERVICE. In order to use ShrimpCam, User must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, User must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please be aware that, in some cases, Users of ShrimpCam have created certain areas on ShrimpCam that may contain adult or mature content without ShrimpCam’s prior knowledge. Users should report any violations like this and of the Privacy Policy and Terms of Service by emailing mike@shrimpcam.com. All Users of ShrimpCam must be at least 13 years of age.
- USER REGISTRATION OBLIGATIONS. In consideration of User’s use of ShrimpCam, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by ShrimpCam’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or ShrimpCam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShrimpCam has the right to suspend or terminate User’s account and refuse any and all current or future use of ShrimpCam (or any portion thereof). ShrimpCam is concerned about the safety and privacy of all its users, particularly children. For this reason, ShrimpCam is intended for users at least 13 years of age. When User creates an ShrimpCam account, User certifies that User is at least 13 years of age. Please reuser that ShrimpCam is designed to appeal to a broad audience. Accordingly, it is User’s responsibility to determine whether any of ShrimpCam and/or Content (as defined in Section 8 below) is appropriate for User’s own viewing.
- VALID EMAIL ADDRESS. User will maintain a valid email address as part of User’s ShrimpCam access profile at all times.
- SHRIMPCAM PRIVACY POLICY. Registration Data and certain other information about User are subject to our Privacy Policy. For more information, please see our full Privacy Policy.
- USER ACCOUNT, PASSWORD AND SECURITY. User will receive a password and account designation upon completing ShrimpCam’s registration process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under User’s password or account. User agrees to (a) immediately notify ShrimpCam of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User exits from User’s account at the end of each session. ShrimpCam cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section 6.
- RESTRICTIONS ON USE.
A. User shall use the site for lawful purposes only. User shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without ShrimpCam’s express prior approval, User shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. User shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services competitive with the site. Any conduct by User that in ShrimpCam’s discretion restricts or inhibits any other user or User from using or enjoying the site will not be permitted.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. User may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download one copy of any copyrighted material for their personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of ShrimpCam and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. - USER CONDUCT. User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
User agrees to not use ShrimpCam to:
A. Impersonate any person or entity, including, but not limited to, an ShrimpCam official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
B. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
C. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
D. interfere with or disrupt ShrimpCam or servers or networks connected to ShrimpCam, or disobey any requirements, procedures, policies or regulations of networks connected to ShrimpCam;
E. “stalk” or otherwise harass another.
User acknowledges that ShrimpCam does not pre-screen Content. - NO RESALE OF SERVICE. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of ShrimpCam, use of ShrimpCam, or access to ShrimpCam.
- GENERAL PRACTICES REGARDING USE AND STORAGE. User acknowledges that ShrimpCam reserves the right to terminate or move accounts that are inactive for an extended period of time. User further acknowledges that ShrimpCam reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES. USER ASSUMES ALL RISKS FOR USER’S USE OF SHRIMPCAM AND THE INTERNET. SHRIMPCAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE SHRIMPCAM SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR GUARANTEE THAT USER WILL BE ABLE TO USE SHRIMPCAM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION. SHRIMPCAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF SHRIMPCAM IS BORNE BY USER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SHRIMPCAM BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SHRIMPCAM SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER’S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SHRIMPCAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT SHRIMPCAM RECEIVED FROM USER WITH RESPECT TO SHRIMPCAM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
- MODIFICATIONS TO SERVICE. ShrimpCam reserves the right, at any time and from time to time, to modify, move, edit, or discontinue, temporarily or permanently, ShrimpCam (or any part thereof) with or without notice. User agrees that ShrimpCam shall not be liable to User or to any third party for any modification, suspension or discontinuance of ShrimpCam.
- TERMINATION. User agrees that ShrimpCam, in its sole discretion, may terminate User’s password, account (or any part thereof) or use of ShrimpCam, and remove and discard any Content within ShrimpCam, for any reason, including, without limitation, for lack of use or if ShrimpCam believes that User has violated or acted inconsistently with the letter or spirit of the Terms of Service. ShrimpCam may also, in its sole discretion and at any time, discontinue providing ShrimpCam, or any part thereof, with or without notice. User agrees that any termination of User’s access to ShrimpCam under any provision of this Terms of Service may be effected without prior notice, and acknowledges and agrees that ShrimpCam may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or ShrimpCam. Further, User agrees that ShrimpCam shall not be liable to User or any third-party for any termination of User’s access to ShrimpCam.
- SHRIMPCAM’S PROPRIETARY RIGHTS. User acknowledges and agrees that ShrimpCam and any necessary software used in connection with ShrimpCam (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to User through ShrimpCam or advertisers. Except as expressly authorized by ShrimpCam or advertisers, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on ShrimpCam or the Software, in whole or in part.
ShrimpCam grants User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to ShrimpCam. User agrees not to access ShrimpCam by any means other than through the interface that is provided by ShrimpCam for use in accessing ShrimpCam. - INDEMNITY. User agrees to indemnify and hold harmless ShrimpCam, its service providers, parents, subsidiaries, affiliates, officers, employees and agents from and against any loss, liability, claim, damage, and expenses (including reasonable attorneys’ fees) from any claims, assertions, or suits brought by any third party arising from or in connection with User’s use of ShrimpCam.
- WAIVER. User acknowledges and agrees that neither ShrimpCam nor its service providers, parents, subsidiaries, affiliates, officers, employees and agents shall be liable to User in the event ShrimpCam is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any party, to desist from using or permitting the use of particular Webcam Content. User further acknowledges that ShrimpCam is not responsible or liable for any loss of Webcam Content or related data, nor is it required to return any Webcam Content or related data, upon or resulting from our suspension or deletion of Webcam Content, network or system outages, third-party failures of any kind, or any other reasons. We urge all Users to maintain backup versions of their Webcam Content to guard against losses of any kind.
- GENERAL INFORMATION. The Terms of Service constitute the entire agreement between User and ShrimpCam and govern User’s use of ShrimpCam, superceding any prior agreements between User and ShrimpCam. User also may be subject to additional terms and conditions that may apply when User uses affiliate services, third-party content or third-party software. The Terms of Service and the relationship between User and ShrimpCam shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. User and ShrimpCam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton in Indiana. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ShrimpCam or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- VIOLATIONS. Please report any violations of the Terms of Service to ShrimpCam by emailing mike@shrimpcam.com.