AIRCAM

TERMS & CONDITIONS

Last updated: October 16th, 2019

These Terms & Conditions (the “Terms”) govern the relationship between Aircam LLC (hereinafter, “Aircam,” “us,” or “we”) and you (alternatively, a “User”) regarding your use of this website (the “Website”), the Aircam platform and Aircam mobile application designed for facilitating use of or offering of the proprietary Aircam photo-sharing service (the “Photo-Sharing Service”) and the Aircam photographer booking service to be used in conjunction with the Photo-Sharing Service  (the “Booking Service”, and together with the Photo-Sharing Service, the “Services”).  The mobile applications licensed to you by us and used to offer one or more of the Services, whether available on devices that run on iOS (as made available by Apple as of the effective date of these terms) or devices that run on the Android operating system (as made available by Google LLC as of the effective date of these terms) are the “Applications.”  As between you and us, the Services are owned and operated or offered by Aircam.

Use of the Services are also governed by Aircam’s privacy policy, the current version of which can be found at https://air.cam/resources/privacy.html (the “Privacy Policy”), which is incorporated herein by reference.

AT THIS TIME, USE OF THE SERVICES IS NOT OFFERED TO ANYONE WHO IS A RESIDENT OF ILLINOIS.  PLEASE NOTE THAT CONSENT FOR USE OF BIOMETRIC INFORMATION AND OTHER FACIAL RECOGNITION RELATED DATA IS GIVEN UNDER THESE TERMS.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICES.  BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICES OR ANY CONTENT OFFERED THROUGH THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES.  IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE SERVICES OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE SERVICES.

  1. Basic Rules and Rights We Are Granting.

  1. License Grant for Services.  Subject to your agreement and continuing compliance with these Terms and any other relevant Aircam policies, including the Privacy Policy, Aircam grants you a non-exclusive, non-transferable, revocable and limited right and license to access and use the Services through a web browser or through use of Applications.  You agree that you will only use the most recent versions of Applications made available by Aircam if Aircam communicates that only the most recent version(s) can be used by you and you acknowledge that certain features or elements of the Services may not operate properly if an older version of any Application is being used by you.  As used in these Terms, “Other User” means another licensee or user of the Services; “All Users” means you and all Other Users.

  1. Minimum Age Requirement for Users Who Are Individuals.  If a User is an individual, a User may only use the Services if such User is at least thirteen (13) years of age.  If you are under the age of eighteen (18), you represent that you have received permission from a parent or guardian to enter into these Terms.

  1. Accounts and Access.  You must register for an account through the Website or any Application (an “Account”).  Each User may only register for one Account.  An “Account Holder” means the person or entity in whose name an Account is registered.  A “Third Party Account” means an Account not registered by you.

  1. Use of the Services:  The following restrictions and/or terms and conditions apply to the use of the Services:

  1. You accept full responsibility for any unauthorized use of the Services by parties not authorized to use your Account.  Additionally, you are responsible for any use of your credit card or other payment instrument (e.g., PayPal) incurred by parties using your Account;

  1. You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself;

  1. Without first obtaining the written permission of Aircam, you shall not register for an Account or in any way use the Services if Aircam has removed, suspended or otherwise terminated any Account registered by or on behalf of you or if Aircam has notified you that you may not use the Services;

  1. You shall not use your Account to advertise, solicit or transmit any chain letters, junk email or repetitive messages to anyone;

  1. You shall not use the Services to engage in any illegal conduct;

  1. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Aircam’s express written permission;

  1. You shall not reproduce, distribute or publicly display any content you access through the Services unless such content is clearly marked as “public” or you have been given the right to view and share such content in accordance with these Terms;

  1. You shall not do anything with any content you access through the Services that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions;

  1. You hereby acknowledge and agree that, when using the Booking Service, the following shall apply: (i) no edits to the photographs being provided to you shall be applied in addition to the “instant edits” performed by the Photo-Sharing Service in real time; (ii) payment for any Booking Service is required at least forty eight (48) hours in advance of the event such Service is being used for (an “Event”); (iii) it is your responsibility to effectively communicate with any photographer you have booked through the Booking Service, including, but not limited to, providing (1) a list of shots you would like the photographer to take, (2) important information about the Event (e.g. parking, entry, date and time information), and (3) a description of appropriate attire; (iv) you are required to provide your photographer with an email address and phone number you can be reached at on the day of the Event; and (v) a permalink to the photographs taken by such photographer at your Event, as well as a separate link to download all of such photographs, will be provided to you within forty eight (48) hours after completion of the Event; and

  1. You hereby acknowledge and agree that the Photo-Sharing Service, Booking Service and Applications require cellular, wireless or other Internet connectivity for all features in the Services and Applications to function optimally.  In the event there is no such connectivity, certain features of the Services or Applications may be impacted (e.g. a lack of connectivity at a location, such as at an Event, may cause a delay in the uploading of photographs).

  1. Account Information and Management.

  1. Information Provided When Setting Up Account.  When creating or updating an Account, you are required to provide Aircam with certain personal information for yourself or for the individual acting on your behalf if you are a User who is not an individual, which may include (but is not limited to) personal information such as name and phone number (“Account Information”). Account Information will be held and used in accordance with the Privacy Policy.  You agree that you will supply accurate and complete Account Information to Aircam, and that you will update such information when and as it changes.

 

  1. Login Information.  During the Account creation process, we will be creating an account based upon information associated with your iCloud account (“Login Information”).  The following rules govern the security of your Login Information:

  1. You shall not share the Account Information or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;

  1. In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify Aircam in writing;

  1. You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

  1. You are responsible for anything that happens through your Account.

  1. Reclaiming Usernames.  Aircam reserves the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.

  1. License and Account Limitations and Prohibitions.

  1. General Effects of Violations.  Any use of the Services in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted under Section 1.1 and may subject you to liability for violations of law.

  1. Policies.  You acknowledge that Aircam may also have in place other policies regarding use of the Services and that you agree to abide by such policies and that such policies are in addition to any obligations you have under these Terms.

  1. Activity Prohibitions.  You agree that you will not, under any circumstances:

  1. Engage in any act that Aircam deems to be in conflict with the spirit or intent of the Services, including, but not limited to, circumventing or manipulating these Terms;

  1. Use the Services in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

  1. Modify or cause to be modified any files or content that are used to offer the Services, without the express prior written consent of Aircam;

  1. Disrupt, overburden or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services (each a “Server”) or (2) the use or enjoyment of the Services by any other person;

  1. Institute, assist or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Services or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;

  1. Gain, or attempt to gain, unauthorized access to the Services, Third Party Accounts, Servers or networks connected to the Services by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services);

  1. Post any content that: is abusive, threatening or that incites or promotes terrorism; promotes the production or use of weapons that a reasonable person understands could cause substantial harm; or is obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;

  1. Post any content that contains what we reasonably deem, in our sole discretion, to be excessive violence or offensive subject matter or that contains a link to such content;

  1. Harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including Aircam employees, customer service representatives, independent contractors of Aircam or Other Users;

  1. Post, distribute or make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other intellectual property right of any person or entity;

  1. Post any user names or other personally identifiable information for any Other User in any reviews for the Services or Applications;

  1. Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

  1. Interfere or attempt to interfere with the proper functioning of the Services or connect to or use any Service in any way not expressly permitted by these Terms;

  1. Intercept, examine or otherwise observe any proprietary communications used by a client, Other User, Server or the Services, whether through the use of a network analyzer, packet sniffer or other device;

  1. Make any automated use of the Services or take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  1. Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology or device to send content or messages, scrape, spider or crawl the Services or harvest or manipulate data from, through or relating to the Services;

  1. Use, facilitate, create or maintain any unauthorized connection to the Services, including, without limitation: any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Services; or any connection using programs,  tools or software not expressly approved in writing by Aircam;

  1. Copy, modify or distribute rights or content from any Aircam site, including, but not limited to, content that contains or is protected by Aircam’s copyrights,  trademarks or other intellectual property rights, or use any method to copy or distribute the content of the Services, except as specifically allowed in these Terms;

  1. Solicit or attempt to solicit personal information from Other Users, other than in connection with considering in good faith a job or bid directly related to the Booking Services;

  1. Collect, harvest or post anyone’s private information (including personally identifiable information, whether in text, image, video or other form), identification documents or financial information through the Services; or

  1. Upload or transmit (or attempt to upload or to transmit), without Aircam’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

  1. Suspension and Termination of Account and Services:

  1. FAILURE TO COMPLY.  WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICES.  AIRCAM SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OR DELETION OF YOUR OR ANY OTHER ACCOUNT.

  1. IP INFRINGEMENT.  

  1. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND YOUR ACCOUNT, OR ANY PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, APPLICATIONS AND SERVICES, INCLUDING ANY CONTENT INCORPORATED THEREIN, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.  

  1. REPEAT INFRINGERS.  IN APPROPRIATE CIRCUMSTANCES AND IN OUR SOLE DISCRETION, IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

  1. Right to Cease Service.  Aircam reserves the right to stop offering or supporting the Services or part of the Services at any time, at which point the license granted hereunder to you to use the Services or any applicable part thereof will automatically terminate.  Aircam shall not be required to provide refunds, benefits or other compensation to Users in connection with such cessation of the Services or any part thereof.

  1. Termination of Account.  Termination of your Account can include disabling your access to the Services or any part thereof, including disabling access to any content that you or Other Users submitted.  You agree that if your Account is terminated, Aircam will not be obligated to preserve, provide you access to or provide copies of any content submitted via the Services relating to your Account, whether by you or an Other User.

  1. Cancellation of Account.  You may cancel your Account at any time by emailing support@air.cam.

  1. Intellectual Property Ownership.  As between you and Aircam, the Services and all of their components and contents (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, text contained within, patent, copyright, trademark, trade secret and any other intellectual property rights therein) are owned by Aircam; provided, however, that any copyright or other intellectual property rights directly related to any photographs provided to you pursuant to any Booking Services shall be owned exclusively by you, including as between you and the photographer(s) booked through such Booking Service for the provision of such photograph(s).   You agree not to engage in any reverse engineering, de-compiling or other activities designed to view the source code for the Applications and are prohibited from reverse engineering, de-compiling or otherwise engaging in activities designed to view the source code for the Applications.  

  1. Your Content and Use of Services.

  1. Posted Content:  “Posted Content” means any communications, videos, images, sounds, and all the material, text, drawings, writings, data and information that you upload, post, publish or transmit through the Services, including, without limitation, any comments you may make about content uploaded or transmitted by Other Users.  We may provide you with templates, pre-populated communications or other content through the Services (“Template Content”) that you may distribute, use or modify as part of using our Services to communicate with Other Users in a manner consistent with the intended use of the Services.  You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under these Terms.  By transmitting or submitting any Posted Content while using the Services, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) along with the exercise of the rights granted in Section 2.2 will not result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code.  You further represent and warrant that you have all rights necessary to transmit Posted Content to Aircam and to grant the rights in Posted Content granted to Aircam under these Terms.

  1. Licenses to Posted Content: You hereby grant Aircam a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof.   For clarification, Aircam will not create derivative works of Posted Content in order to sell or distribute such derivative works on a stand-alone basis.  Aircam will only exercise the rights granted in this Section 2.2 to offer or to facilitate the offering of Services.  To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content.  Aircam will cease any further public display or distribution of any Posted Content if you use the features of the Services that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except Aircam retains the right to display or distribute any Posted Content as necessary for Aircam to fulfill its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.

  1. Content Screening and Consent For Facial Recognition Data.

  1. Consent to Monitoring.  By entering into these Terms, you hereby provide your irrevocable consent to monitoring and recording with respect to use of the Services.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of any information provided while you use any of the Services, including, without limitation, chat, and text or voice communications.

  1. Options Regarding Content.  Aircam may reject, refuse to post or delete any content you submit for use or processing by or through the Services for any or no reason, including, but not limited to, for the reason, in the sole judgment of Aircam, that such content or the posting of any particular content violates these Terms.

  1. Consent For Facial Recognition Data.  You consent to Aircam collecting your facial biometric information and data related to facial recognition of you necessary to provide those parts of the Services that allow us to identify you in content viewable through the Services.  

  1. User Interactions.

  1. Responsibility for Interactions and Adherence to Policies.  You are solely responsible for your interactions with Other Users and any other parties with whom you interact through the Services.  Aircam reserves the right, but has no obligation, to become involved in any way with these disputes.  You acknowledge that Aircam has various policies in place regarding use of the Services that are intended to promote a respectful environment for all Users, such as, but not necessarily limited to, policies regarding content submitted, interactions with Other Users, respect for intellectual property rights and billings and refunds (“User Policies”).  

  1. Releases for Disputes and Use of Third Party Information.  You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following: (a) any dispute that arises between you and one or more Other Users; and (b) any use by Aircam of third party information.

  1. Third Party Services.   The Services may facilitate the posting of content on third party services, such as, by example only and without limitation, Facebook or Instagram, and your use of such third party services may be subject to other terms and conditions including terms and conditions imposed by the provider of such third party services.  Further, your use of such third party services may be subject to you agreeing to be bound by other terms and conditions and setting up accounts with the provider of such third party services.

  1. Fees and Purchase Terms.  You agree to pay any and all fees and applicable taxes incurred by you or anyone using an Account registered to you if Aircam imposes any such fees.  Any required fees will be specified as part of the Services or when you register your Account.  Aircam reserves the right to charge fees for any parts of the Services that may have previously been offered without a fee. Aircam may revise the pricing for the goods and services offered through the Services at any time.  YOU ACKNOWLEDGE THAT AIRCAM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

  1. Third Party Advertising.

  1. Third Party Advertisements.  You understand that the Services may feature advertisements from Aircam or third parties.  The Privacy Policy addresses our disclosure of information for third party advertising.

  1. Links to Third Party Sites and Dealings with Advertisers.  Aircam may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit.  Any charges or obligations you incur in your dealings with these third parties are your responsibility.  Aircam makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Services, and we will not be liable for any claim relating to any third party content, goods or services.  The linked sites are not under the control of Aircam and may collect data or solicit personal information from you.  Aircam is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Further, the inclusion of any link does not imply endorsement by Aircam of these linked sites.

  1. Seeking to Take Down Infringing Content.  Aircam reserves the right to terminate without notice any User’s access to the Services if that User is determined by Aircam to be a “repeat infringer.”  In addition, Aircam accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  Without limiting the foregoing, it is Aircam’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  If you believe that your work has been copied and posted on any Aircam website or Applications in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Aircam website or Application of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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 owner or authorized to act on the copyright owner’s behalf.  Contact information for Aircam’s Copyright Agent for notice of claims of copyright infringement is as follows: Ryan Rifkin, 1334 3rd Street #208, Santa Monica, CA 90401.

  1. Updates to the Service.  You understand that the Services undergo frequent changes and that the Services may not always be available for various reasons, such as, for example, downtime due to maintenance.  Aircam may require that you accept updates to the Services (including using updated versions of an Application) in order to continue using the Services.  You acknowledge and agree that Aircam may update the Services without notifying you.

  1. Disclaimer; Limitations; Waivers on Liability; Indemnification.

  1. Disclaimer of Warranties.

  1. SERVICES PROVIDED “AS IS”.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

  1. NO WARRANTY OF ERROR-FREE OPERATION.  WITHOUT LIMITING THE FOREGOING, NEITHER AIRCAM NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “AIRCAM PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU ACKNOWLEDGE THAT SERVICES MAY SOMETIMES BE UNAVAILABLE FOR SECURITY, MAINTENANCE OR OTHER REASONS.    

  1. NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT.  AIRCAM DOES NOT GUARANTEE THAT ANY INDIVIDUAL OR ACCOUNT HOLDER WILL ALWAYS BE PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT THE SERVICES INTENDED TO NOT BE AVAILABLE TO SUCH INDIVIDUAL.  AIRCAM DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE.  AIRCAM DOES NOT WARRANT THAT THE SERVICES, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY AIRCAM OR THROUGH THE SERVICES.

  1. Limitations; Waivers of Liability.

  1. DISCLAIMER OF INDIRECT DAMAGES.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE AIRCAM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

  1. NOT RESPONSIBLE FOR THIRD PARTY CONDUCT.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AIRCAM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AIRCAM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER ACCOUNT HOLDERS OR USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF USING THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. MONETARY LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL AIRCAM BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID AIRCAM IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

  1. FAILURE TO PAY.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID AIRCAM ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AIRCAM IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

  1. DISCLAIMER MAY NOT BE APPLICABLE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

  1. Indemnification.  You agree to defend, indemnify, save and hold the Aircam Parties harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein.  Aircam reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aircam and you agree to cooperate with Aircam’s defense of these claims.  Aircam will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  You agree that the provisions in this paragraph will survive any termination of your Account or of the Services.

  1. How to Handle Disputes.

  1. General.  If a dispute arises between you and Aircam, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and Aircam agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or use of our Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing.  Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.  Other than those matters listed in Section 9.2, you and Aircam agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 9, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

  1. Exclusions from Arbitration.  YOU AND AIRCAM AGREE THAT ANY CLAIM FILED BY YOU OR BY AIRCAM IN SMALL CLAIMS COURT OR BY AIRCAM RELATED TO PROTECTION OF AIRCAM’S OR ANY AIRCAM LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 9.

  1. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.  IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 9, YOU MUST NOTIFY AIRCAM IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO AIRCAM TERMS ADMINISTRATOR, AIRCAM LLC, 1334 St #208, Santa Monica, CA 90401 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH AIRCAM THROUGH ARBITRATION.

  1. Class Action Waiver.  ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AIRCAM SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

  1. Initiation of Arbitration Proceeding; Selection of Arbitrator.  If you or Aircam elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 9 govern in the event they conflict with the rules of the arbitration organization selected by the parties.

  1. Arbitration Procedures.  Because the Services provided to you by Aircam concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, applicable federal or state law may also apply to the substance of any disputes.  For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, Aircam as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Aircam or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

  1. Location of Arbitration.  You or Aircam may initiate arbitration in either Orange County, California or the county in which you reside.  If you initiate arbitration in the county of your residence, Aircam may transfer the arbitration to Orange County, California provided that Aircam agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.

  1. Severability.  If any clause within this Section 9 (other than the Class Action Waiver clause of Section 9.4) is found to be illegal or unenforceable, that clause will be severed from this Section 9 and the remainder of this Section 9 will be given full force and effect.  If the Class Action Waiver (Section 9.4) clause is found to be illegal or unenforceable, this entire Section 9, except for this Section 9.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND AIRCAM EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.

  1. Survival.  This Section 9 shall survive any termination of the Terms.

  1. General Provisions.

  1. Updates to the Terms and Privacy Policy.

  1. Right to Update.  Aircam reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms or Privacy Policy through the Services.  You may also be given additional notice, such as an email message or messaging within the Services, of any changes.  You will be deemed to have accepted such changes by continuing to use the Services.  Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted.  Aircam may also revise other policies, codes or rules at any time and the new versions will be available on https://air.cam/resources/tos.html  or in the Services.  No amendment to the Terms or Privacy Policy shall apply to any dispute of which Aircam had actual notice before the date of the amendment.

  1. Seeking Consent.  If Aircam revises these Terms or its Privacy Policy and seeks your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Services again, then notwithstanding anything to the contrary, Aircam reserves the right to terminate your Account and use of the Services.

  1. Disagreement with Terms.  If at any time you do not agree to any provision of the then-current version of our Terms, the Privacy Policy or any other Aircam policy, rule or code of conduct relating to your use of the Services, your right to use the Services will immediately terminate, and you must immediately stop using the Services.

  1. Conflict.  To the extent these Terms or the Privacy Policy conflict with any other Aircam terms, policy, rule or code of conduct, the provisions of these Terms and the Privacy Policy will prevail.

  1. Severability.  If any provision of these Terms or the Privacy Policy is found invalid, illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality or unenforceability without affecting the validity, legality or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.

  1. Assignment.  Aircam may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under these Terms without the prior written consent of Aircam; any purported assignment or delegation in violation of this Section 10.3 is void.

  1. California Rights. In accordance with Cal. Civ. Code Section 1789.3, if you are domiciled in California you may report certain complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.  Our contact information is: [  •  ] and we will provide you with all information required to be provided under Cal. Civ. Code Section 1789.3 by request to such contact information or by contacting you via your Account.  

  1. Supplemental Policies.  Aircam may publish additional policies related to specific services such as forums, contests, loyalty programs and other features and services.  Your use, if any, of such services is subject to such specific policies and these Terms.

  1. Entire Agreement.  These Terms, together with any supplemental policies, the Privacy Policy and any other documents expressly incorporated by reference herein, contain the entire agreement between Aircam and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.

  1. No Waiver.  The failure of Aircam to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Aircam’s right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by Aircam of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by Aircam shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Aircam.

  1. Notices.  We may notify you via postings on www.air.cam and via email or any other communications means through contact information you provide to us.  All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section 10.8.  Any notices that you provide without compliance with this Section 10.8 shall have no legal effect.

Aircam LLC

1334 3rd Street Suite 208

Santa Monica, CA 90401

Attn:  Notices Administrator

  1. Equitable Remedies.  You acknowledge that the rights granted and obligations made under these Terms to Aircam are of a unique and irreplaceable nature, the loss of which shall irreparably harm Aircam and which cannot be replaced by monetary damages alone, so that Aircam shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.  You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 9.2.

  1. Force Majeure.  Aircam shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Aircam, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Aircam’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.

  1. Choice of Law. The Terms and Privacy Policy shall be governed by the laws of the State of California, notwithstanding its conflicts of law provisions.

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