Camlist (the "App" and "Site") refers to our mobile applications, and the collection of Camlist websites and all subdomains where buyers and sellers ("User" or "Users") can use all our existing functionality (the "Service")
1. Acceptance of these terms of Service
1.1 The App and the Service are provided to you subject to these Terms of Service (these “Terms”). By accessing the App or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms ‘you’ and “your” shall mean any person who uses the App or the Service in any manner whatsoever including persons browsing the App and its content, posting comments or any content or responding to any advertisements or content on the App.
1.2 By accessing and/or using the App and/or the Service, you confirm that you are 18 years or older, the phone number you use to log in to the app is registered to your name, and that you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Camlist's sole discretion.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Camlist or the Service in any way, you must immediately discontinue the use of the App and the Service.
1.4 These Terms may be updated by Camlist at any time at its sole discretion. It is your responsibility to keep a copy of these Terms and check the date “last modified” at the top of this page.
1.5 Camlist may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version governs the terms of your relationship with Camlist. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
1.6 The term “affiliates” as referred to in Sections 10 and 20 of these Terms means any company controlled or owned by Camlist; any company commonly controlled or owned with Camlist; or any group entity jointly offering the Service.
2. Description of Service and Content Policy
2.1 Section 2 has important legal consequences for you. In this section: – the legal responsibilities and liabilities of Camlist are excluded or limited; – you take on risk, responsibilities, and liability; and – any rights you have against Camlist are limited or excluded. The statements made in this section constitute acknowledgments of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Camlist and/or other persons may have claims and other rights against you as a result of these statements.
2.2 Camlist.com is an App to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the App. Although you may be able to conduct payment and other transactions through the App, using third-party vendors, Camlist is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Camlist is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the App at your sole risk and responsibility.
2.3 You understand that Camlist is not responsible for ads, directory information, business listings/information, or messages between users, including without limitation e-mails or chats, or other means of electronic communication, whether through the App or another Third-Party App (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the App and the Service (“Content”), and that by using the App and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Camlist be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using, or reading any Content listed, e-mailed or otherwise made available via the Service. Camlist is not obliged to pre-screen or approve any Content, but Camlist has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Camlist’s knowledge or for any other reason or no reason at all. Furthermore, the App and Content available through the App may contain links to other third-party Apps (“Third Party Apps”), which are completely unrelated to Camlist. If you link to Third Party Apps, you may be subject to those Third Party Apps’ terms and conditions and other policies. As far as the law allows, Camlist makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Apps, and your linking to any other Apps is, as far as the law allows, completely at your own risk and Camlist disclaims all liability thereto.
2.4 You are solely responsible for your Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant, and covenant that:
(i) You own or have and shall continue to, for a such time the Content is available on the App, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and App (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Camlist to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the App, and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable person or business in the Content to use the name or likeness of each and every such identifiable person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the App, and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the App, you hereby grant to Camlist an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the App and Camlist’s (and its successor’s) business, including without limitation to promote and redistribute part or all of the App and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Camlist to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Camlist all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or App by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the App a non-exclusive license to access your Content through the App (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Camlist remove or delete such Content from the App.
2.5 Camlist does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Camlist expressly disclaims any and all liability in connection with User Content. Camlist does not permit copyright infringing activities and infringement of intellectual property rights on the App, and Camlist may, at its sole discretion, remove any infringing Content. Camlist reserves the right to remove any Content without prior notice. Camlist may also terminate a user’s access to the App. Further, at its sole discretion, Camlist reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update, or share any information on the Site, or otherwise make available Content:
3.1 that violates any law or regulation;
3.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Camlist all of the license rights granted herein;
3.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
3.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
3.5 that harasses degrades, intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
3.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
3.7 that includes personal or identifying information about another person without that person’s explicit consent;
3.8 that impersonates any person or entity, including, but not limited to, a Camlist employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
3.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
3.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer;
3.11 that constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
3.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the App which are not designated for such purposes; or (ii) e-mailed to Camlist users who have requested not to be contacted about other services, products or commercial interests;
3.13 that includes links to commercial services or Third Party Apps, except as specifically allowed by Camlist;
3.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
3.15 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, or any other computer resource;
3.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
3.17 that employs misleading email addresses, forged headers or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
3.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party App or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
3.19 make any libelous or defamatory comments or postings to or against anyone;
3.20 collect personal data about other users or entities for commercial or unlawful purposes;
3.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
3.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content or otherwise impose
unreasonable or disproportionately large loads on our servers and other infrastructure;
3.23 post the same item or service in multiple classified categories or forums, or multiple metropolitan areas;
3.24 attempt to gain unauthorized access to computer systems owned or controlled by Camlist or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the App;
3.25 use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of Camlist’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
3.26 use any automated device or software that enables the submission of automatic postings on Camlist without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
3.28 You acknowledge and agree that we are not able to check the truth or accuracy of any statement made by any person advertising on the App.
3.29 You accept that you have the responsibility to verify all statements made and all documentation offered by any advertiser.
3.30 You confirm that you have read, understood, and agreed to the Buying Check Lists as well as all the content we post on the Support Center and all the Advertising Rules (also posted in the Support Center) relevant to the country your account belongs to. You accept and acknowledge that we do not have any means of verifying the honesty of any advertiser and that if you do send money using another online service, we have no responsibility to you if, and when you lose that money.
3.31 You should always use our secure in-platform messenger system and not accept any invitation to use any alternative messenger system, such as WhatsApp or email. Our system is secure and allows you to share images. You also warrant to not use offensive wording, spam users, or use our messenger system in any automated or commercial way. We reserve the right to monitor chat messages, and filter or block messages that we deem to be suspicious before they reach the counter-party. We also reserve the right to block users based on misuse of our messenger system.
3.31 You must be 18 years or older to use our Service and our App/Site.
4. Access to the Service
4.1 Camlist grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Camlist or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include an App or search engine or another service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your App or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Camlist may limit the number of postings displayed on or linked to your App. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. To collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Camlist.
REJECTION OR REMOVAL OF MEMBERS
We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
5. Notification of Claims of Infringements
5.1 If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or the intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Camlist together with a request to Camlist to delete the relevant Content in good faith. The notification and the request must contain the following information:
5.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5.1.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
5.1.3 Identification of the Content (using data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Camlist to locate the material;
5.1.4 Information reasonably sufficient to permit Camlist to contact you, such as an address, telephone number, and electronic mail address;
5.1.5 A signed statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
5.1.6 A signed statement that the intellectual property owner holds Camlist harmless from any claim of any third party in connection with the removal by Camlist of the relevant content; and
5.1.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to: [email protected].
6. Intellectual Property Rights
6.1 The materials on the App, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Camlist, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the App may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to a license granted by third parties to Camlist. You shall, in no event, reverse engineer, decompile, or disassemble such goods, and nothing herein shall be construed to grant you any right about such goods. Materials on the App are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Camlist reserves all rights not expressly granted herein to the App and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the App for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the App or the Materials therein. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the App, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the App, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
7. User Submissions
7.1 Section 7 has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. You accept that various things can go wrong when using the App and/or the Service, and/or when viewing and/or using the Content. You take on the responsibility and liability of these events happening and will have no claim against Camlist if they happen. When using the App, you will be exposed to Content from a variety of sources, and, as far as the law allows, Camlist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory, or libelous and, as far as the law allows, and subject to Section 19, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Camlist with respect thereto.
INFORMATION YOU SUPPLY
You are solely responsible for the information you provide to us and/or other members (which shall include anything posted on the Site) ("Information"). The Information must be true, legal, accurate, and non-fraudulent.
You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and respectfully communicate with each other.
8.1 Section 8 has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. – you indemnify Camlist and other persons against liability and claims. As far as the law allows, and subject to Section 19, you agree to defend, indemnify and hold harmless Camlist, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, and subject to Section 19, this defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the App.
We assume no responsibility for claims made by any user of the app with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point.
We have no means of assessing the ownership of any content uploaded to the App by Users and make no warranties that those posting that content have the right to do so – if you believe that your Intellectual Property Rights have been breached in any way, let us know and we will remove any material which breaches those rights.
9. No Spam Policy
9.1 Section 9 has important legal consequences for you. In this section, you take on risk, responsibilities, and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Camlist and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Camlist email addresses or through Camlist computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time Camlist may monitor email and in-app chat usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Camlist e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the App may be used only in accordance with the Terms. Any unauthorized use of Camlist computer systems is a violation of these Terms and certain applicable laws, in particular the Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit, or contact our users by obtaining their email or phone numbers from our App, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant laws.
10. Dealings with Organizations and Individuals
10.1 This Section 10 has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. As far as the law allows, and subject to Section 19, Camlist shall not be liable for your interactions with any organizations and/or individuals on the App or through the Service. This includes but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Section 19, Camlist shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Section 19, you hereby release Camlist, its officers, employees, agents, and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
11. Limitation and Termination of Service
11.1 Section 11 has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. Camlist may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the App. As far as the law allows and subject to Section 19, Camlist has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the App or the Service. Camlist reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and Camlist shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Service. You acknowledge and agree that Camlist, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, and subject to Section 19, you agree that Camlist shall not be liable to you or any third party for any termination of your access to the App or the Services.
12.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Camlist without restriction. Any assignment or transfer by you shall be null and void.
13. Ability to Accept Terms of Service
13.1 This App is intended only for adults and you warrant that you are eligible to contract as per applicable laws. If you are using/accessing this App as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the App and use the Service, in the event of approval of their legal representatives or the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
14. General Information
14.1 These Terms and the other policies posted on the App constitute the complete and exclusive understanding and agreement between you and Camlist and govern your use of the Service and the App superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Camlist shall be governed by the laws of the United Arab Emirates without regard to its conflict of law principles. We encourage you to contact Camlist to try and settle any claim you may have, however, if we cannot settle the dispute amicably through human negotiation, then the claim or dispute must be submitted to the exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of Camlist to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because the such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE APP MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party’s successors.
15. Violation of Terms and Liquidated Damages
15.1 This Section 15 has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. This may result in you becoming financially liable to Camlist for additional amounts. The statements made in this section also constitute acknowledgments of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Camlist and/or other persons may have claims and other rights against you as a result of these statements. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Website's homepage at www.camlist.com. Any failure to act by Camlist with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
16. Disclaimer of Warranties
16.1 This Section has important legal consequences for you. In this section: – the legal responsibilities and liability of Camlist are limited or excluded; – the rights or remedies you may have against Camlist are limited or excluded; and – you take on risk, responsibilities, and liability. There are things that may go wrong when using the App and/or the Service, including what is listed in this Section 19. Camlist is not responsible (liable) for anything that goes wrong, including what is listed in this Section 16. You use the App and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Camlist, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF. Camlist MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY THIRD PARTY APPS LINKED TO THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THE SERVICE. Camlist DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Camlist WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, IN NO EVENT SHALL Camlist, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Camlist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APP OR THE SERVICE, FROM INABILITY TO USE THE APP OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE APP AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BECAUSE OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICE OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICE OR ANY LINKS ON THE Camlist SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Camlist SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Camlist MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE APP FROM OTHER JURISDICTIONS DO SO OF THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
17. Limitations of Liability
17.1 IN NO EVENT SHALL Camlist, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF CAMLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APP OR THE SERVICE, FROM INABILITY TO USE THE APP OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICE OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICE OR ANY LINKS ON THE Camlist SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Camlist SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
We have limited resources and cannot guarantee that we will respond to any message you send to us, within a specific timeframe or at all. Whilst we will always do our best to respond to you within 24 hours, we will have no liability if we are unable to do so.
We have no control over any transaction in which you are involved, nor can we verify the truth of any statements made in any Content you see on the App.
You enter into any transaction with any other user of this App at your own risk.
On behalf of us and anyone who works with or for us (as far as we are allowed by law) we deny liability for any losses of all kinds which you incur from using the services we offer, visiting and using the App.
If we are found to be liable for any loss you sustain, you accept and agree that our liability is limited to the direct losses you have sustained and will not include any loss to your goodwill, profit, or reputation or any indirect, special, or consequential losses of any nature and you agree that the maximum amount you may recover in respect of any direct losses is limited to $100.00.
18. Modifications of These Terms and Conditions and the Site/App
The Terms and Conditions (Terms of Service) will change from time to time. As a result, you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the App/Site for any reason, you are confirming to us that you are aware of any changes made to the Terms of Service.
We’ve also got the right to change the App/Site as and when we want to, but these T&Cs will still apply to any changes we make.