Welcome to Eatcams,
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the relationship between (Eatcams), having its principal office at (San Diego, Ca 92192) (hereinafter referred to the “Company” or “Eatcams” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)”) and shall also govern your use of (https://www.eatcams.com/) and its related mobile application, namely, “Eatcams” available on Apple’s App Store and Google’s Play Store (hereinafter referred to as the “Website” or “Site” or “App”).
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy Statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Community Guidelines, Privacy Policy statement, and Cookie Policy.
If you do not accept these Terms in its entirety, then you cannot use the site or App or avail of our services.
1. ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using our App or Website or contacting us in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms, any future updates and additions to these Terms, as published from time to time at the Website or App.
ii. You are of sound mind and at least of the age of majority as per the laws of the State that you reside in, to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or send virtual gifts on the Website or App.
iii. You have read, understood, and consented to our Community Guidelines, Copyright Policy, Privacy Policy Statement, and Cookie Policy.
iv. We have not previously disabled your account for the violation of law or any of our policies.
2. ACCOUNTS, PASSWORDS AND SECURITY
a) Account Registration: To access various parts of the App, and to avail of various services of Eatcams, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Social Media Signup: Besides an option to sign up using mobile, you also have an option of signing up using social media accounts, such as Google and Facebook. In case, you choose to sign up using any of the social media accounts, you will be redirected to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website. We are not liable for any loss caused to you due to any action of such third-party websites.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage, or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the services.
3. USE OF THE EATCAMS APP AND SITE
i. Allowed uses:
a) Directions of Use: You must follow any guidelines or policies or directions of use as associated with our services, including all the features and functionalities of our App.
b) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information about yourself.
c) Going Live: On our App, you can choose to go live. The maximum allowed length for live videos is 60 (sixty) minutes. Please note, since our App is all about food experiences, you can do the live stream, but only inside a restaurant or food place. You can either go live for everyone, or just for your followers, as per your wishes. Please note, that you will not be able to go live if you are not inside the restaurant. Similarly, if after starting the live streaming inside the restaurant, you at any time step outside the restaurant during the live stream, the video will end automatically. This is because we want to prevent any non-food related live videos, and also want to have control on live streams not to have violent or abusive live streams by users.
d) Material: For these Terms, “material” shall mean any video, text, graphics, or sound material, published on the Website or App, whether a copyright of Eatcams, its owner/director, its licensors or other users, or any third party. You are not allowed to download or print the material, or extracts from it, systematically or regularly or otherwise to create a database in an electronic or paper form comprising all or part of the material appearing on the Website or App. You must not reproduce any part of the Website or App or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form unless we have indicated that you may do so.
ii. Restricted uses:
a) You cannot use the App for any non-food related activity since our App is all about food experiences. We reserve to take down content that is not related to food, at our sole discretion.
b) You can’t impersonate others or provide inaccurate information.
c) You can’t post, raise, or comment on any political, racist, or other issue that affects a person, community, or society. For more information, see our Community Guidelines.
d) You must not misuse or interfere with the Website or App or our courses or try to access them using a method other than the interface and the instructions that we provide. You may use the services only as permitted by applicable law, and as per the directions provided by us. Please read our Community Guidelines for more information on what’s allowed and what isn’t.
e) You must not:
• republish material from the Website or App;
• sell, rent, or sub-license material from the Website or App;
• show any material from the Website or App in public without our consent;
• edit or otherwise modify any material on the Website or App (other than editing your own information as per the method provided);
• reproduce, duplicate, copy, or otherwise exploit material on our Website or App for a commercial purpose; or
• redistribute material from the Website or App, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or other users or any third party;
• We reserve the right to restrict your access to any areas of our Website or App, or indeed our whole Website or App, at our discretion.
• We reserve the right to discontinue our services or discontinue any of the App features, at any time, at our sole discretion.
f) You must not use our Website or App in any way that causes, or may cause, damage to the Website or App or impairment of the availability or accessibility of the Website or App; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
g) You must not use our Website or App to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
h) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or about our Website or App, without our express written consent.
4. OUR CONTENT AND RIGHTS
This App, website, its logos, its content, designs, trademarks, trade dress, trade name, all of our features, functionalities, and services, shall remain the sole property of the Eatcams, and/or its licensors, as the case may be. Your use of or access to this App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App, our services, any content (except your own content), designs, published by us or our licensors or third parties. This App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips, and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names, and designs appearing on this App are the exclusive property of or are licensed to the Eatcams and are protected. No use of a trademark, trade dress, trade name, or design appearing on this App may be made without the prior written permission of the Eatcams.
5. YOUR CONTENT AND RIGHTS
a) Your Content is yours: The content, including without limitation, videos and comments posted by you, and other information that you post or share may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the App. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory ones) with anyone else, wherever you want.
b) License: However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely to provide and improve our services.
c) Description of License: Specifically, when you share content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the App. We retain the right to display the same at our discretion. For example, if we find it defamatory, misleading, or false, we might not display the same.
d) Terminating the License: You can end this license for specific content by deleting such content from our App, or generally by closing your account, except (a) to the extent you shared it with others as part of the service and they copied, downloaded, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
e) Advertisements: We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your content and information.
f) Who can view your profile/content: All the profiles and accounts on Eatcams are public and as such all your content will be viewable to the users or viewers of the App or the Website.
g) You may share it with others: Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, at your sole discretion.
6. CONTENT POSTED BY OTHER USERS
While using our App and our services, you will encounter content that is posted by other users. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Eatcams generally does not review content provided by our users, however, we reserve the right to do the same and remove any content that violates any of our policies, at our sole discretion.
7. LINKS TO THIRD-PARTY SITES AND ADS
The Website or App might contain links to third-party websites, products, and services. For example, third-party payment gateway service providers. Such third-party links are not under the control of Eatcams, and Eatcams is not responsible for any third-party links. Eatcams provides access to these third-party links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations concerning third-party links. You shall use all third-party links at your own risk and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party websites, and you get out of the jurisdiction of our Website or App. Therefore, you shall be governed by the terms & conditions, privacy policy, and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Eatcams shall not be responsible.
8. PRIVACY
To see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website or App.
9. VIRTUAL GIFTS, PAYMENTS AND TAXES
a) You can send or receive virtual gifts in the form of Diamonds from other users. You can withdraw the equivalent money for earned diamonds from your account after 30 days of receiving the diamonds at any time. You can buy diamonds and only send them as a gift to other users, or receive gifts with monetary value, earn Diamonds, and withdraw Diamonds if you are age 17 or older. The purchased diamond cannot be transferred to other users, or exchanged for cash, legal tender, or currency of any state, region, or any political entity, or any other form of credit.
b) All diamonds of a user will expire automatically when the user terminates their account for any reason.
c) Whenever you decide to add diamonds to your wallet, you can do so through, Apple Pay or Google Pay. You shall be responsible for all the applicable taxes and bank charges (wherever applicable). The service may include the use of third-party services to process the payments. By submitting your information, you give us the right to provide the information to these third parties subject to our Privacy Policy.
d) We reserve the right to introduce conditions such as minimum and maximum withdrawal amount, the right to manage, regulate, monitor, or eliminate such diamonds, where we have a valid reason and we will have no liability to you if we decide to do so.
e) All sales of Gifts are final and once you purchase a gift from us to send it to another user or you have received such, there won’t be any exchange, transfer, refund, etc.
10. NO REFUNDS
Once you have sent a virtual gift of any amount to any other creator on Eatcams, you will not be able to receive a refund for the same in any manner whatsoever. Also, keep in mind that the virtual gifts are in the form of gifts, and you will not receive any product or service, whatsoever in exchange for the same.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FINANCIAL GAIN OR CAREER OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT about our services. In no event shall Eatcams, or its owner(s), be liable to you or any third party for any lost profits, lost data, financial loss, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or our services, even if Eatcams has been advised of the possibility of such damages. Access to, and use of, the App and Site and availing our services is at your own discretion and risk, and you will be solely responsible for any losses or damages resulting therefrom.
-We reserve the right to verify your identity if needed by requesting a copy of your state ID card, or other proof as it may be required before making any payment.
12. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Eatcams or its owners/directors, by spreading hate, insulting, false, fake reviews, or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
13. INDEMNITY
You acknowledge to defend, indemnify, and hold Eatcams, its owners/directors, and licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable Lawyer’s fees, made by a third party, relating to, or arising from:
a) Your violation of our rights or the rights of other users, including without limitation to any right to privacy, publicity rights, defamation, or intellectual property rights;
b) Your wrongful or improper use of our services, Site or App;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
14. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of California (USA).
ii. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict, or dispute shall be finally settled by bringing it before the appropriate courts situated in San Diego, California (USA).
iii. Disputes between users of Eatcams: You understand and acknowledge that Eatcams is an intermediary platform that connects you with the other users or creators on Eatcams, and we in no way are responsible for the conduct of any of our users or creators. Therefore, if you have any claim or dispute against another user or creator, you undertake to take it up directly with the concerned user or creator, as the case may be. Eatcams shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that any other user or creator has violated these Terms, our Community Guidelines, applicable law, or any other policy of Eatcams, you can file your complaint at (enter email), and we will take necessary action in accordance to our policies and applicable law.
15. NOTICES
When you use the Website or App or send emails to Eatcams, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website or App. Eatcams will communicate with you by email or by posting notices on this Website or App or through email. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice using a general notice via electronic mail to your email address as available with us. If you want to give notice to us, you can do so by dropping an electronic mail to (support@eatcams.com).
16. MISCELLANEOUS
i. Breach: In case of any breach or threatened breach of the provisions of these Terms, we reserve the right to suspend your account, and your access to our website or App, at our sole discretion.
ii. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms will continue in full force and effect.
iii. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.
iv. Survival: Notwithstanding any other provisions of these Terms & Conditions or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
v. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
vi. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Eatcams, which may be withheld at Eatcams’ sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
vii. Entire Agreement: The Terms, Community Guidelines, our Privacy Policy and Cookie Policy, together with any additional terms and conditions executed between us, constitute the entire Agreement between Eatcams and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website or App.
viii. Force Majeure: Eatcams, its owner/director, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
ix. Updates to these Terms: We may add, change, or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance of such amendments.
17. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms or Community Guidelines or Privacy Policy or Cookie Policy, or with any of the content hosted on Eatcams, in that case, you may freely write your concerns to the Grievance Officer/Designated Officer at:
• Email: support@eatcams.com
18. Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: (support@eatcams.com)