Your use of Camiolog’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Camiolog. “Camiolog” means Camiolog, Inc., Inc., whose principal place of business is at 2033 Gateway Place, 5th Floor, San Jose, CA 95110-3709, United States. This document explains the agreement, and sets out some of the terms (referred to collectively as the “Terms”) of that agreement.
Unless otherwise agreed in writing with Camiolog, your agreement with Camiolog will always include, at a minimum, the terms and conditions set out in this document.
The Terms form a legally binding agreement between you and Camiolog in relation to your use of the Services. It is important that you take the time to read them carefully.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made available to you by Camiolog in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that Camiolog will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Camiolog, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Before you continue, you should print off or save a copy of the Terms for your records.
Language of the Terms
Where Camiolog has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Camiolog.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version takes precedence.
Provision of the Services by Camiolog
Camiolog is continually innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Camiolog provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Camiolog may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Camiolog’s sole discretion, without prior notice to you.
You acknowledge and agree that if Camiolog disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Camiolog may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Camiolog at any time, at Camiolog’s discretion.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Camiolog will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Camiolog, unless you have been specifically allowed to do so in a separate agreement with Camiolog.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Camiolog, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Camiolog has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Camiolog may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Camiolog for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Camiolog immediately via
one of these contacts.
Privacy and your personal information
You agree to the use of your data in accordance with Camiolog’s privacy policies.
Content in the Services
You understand that all information (such as video, images, audio, text) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the providers of the Content to Camiolog (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Camiolog or by the owners of that Content, in a separate agreement.
You agree that you are solely responsible for (and that Camiolog has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Camiolog may suffer) by doing so.
You acknowledge and agree that Camiolog owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Camiolog and that you shall not disclose such information without Camiolog’s prior written consent.
Unless you have agreed otherwise in writing with Camiolog, nothing in the Terms gives you a right to use any of Camiolog’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
License from Camiolog
Camiolog gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Camiolog as part of the Services as provided to you by Camiolog (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Camiolog, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Camiolog, in writing.
Unless Camiolog has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Camiolog a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate and publish any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Camiolog to provide the Services to you and may be revoked by ending your relationship with Camiolog as outlined in paragraph 13. Camiolog’s Services may extract and analyze patterns from Content to improve the Services, as well as collect input from users to confirm the accuracy or content of such patterns. You agree that any such patterns and input will be owned exclusively by Camiolog, and you irrevocably assign to Camiolog any right or ownership that you may have in such patterns and input.
You understand that Camiolog, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Camiolog to take these actions.
You confirm and warrant to Camiolog that you have all the rights, power and authority necessary to grant the above license.
The Software which you use may automatically download and install updates from time to time from Camiolog. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Camiolog to deliver these to you) as part of your use of the Services.
Ending your relationship with Camiolog
The Terms will continue to apply until terminated by either you or Camiolog as set out below.
If you want to terminate your legal agreement with Camiolog, you may do so by (a) notifying Camiolog at any time and (b) closing your accounts for all of the Services which you use. Your notice should be sent, in writing, to Camiolog’s address which is set out at the beginning of these Terms.
Camiolog may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Camiolog is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
the partner with whom Camiolog offered the Services to you has terminated its relationship with Camiolog or ceased to offer the Services to you; or
Camiolog is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
the provision of the Services to you by Camiolog is, in Camiolog’s opinion, no longer commercially viable.
Nothing in this Section shall affect Camiolog’s rights regarding provision of Services under Section 4 of the Terms
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Camiolog have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT CAMIOLOG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, CAMIOLOG AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAMIOLOG OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CAMIOLOG FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAMIOLOG AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY CHANGES WHICH CAMIOLOG MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE CAMIOLOG WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON CAMIOLOG’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT CAMIOLOG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
It is Camiolog’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Camiolog’s policy can be found at http://camio.com/dmca/.
Changes to the Terms
Camiolog may make changes to the Terms from time to time. When these changes are made, Camiolog will make a new copy of the Terms available at https://camio.com/terms/
You understand and agree that if you use the Services after the date on which the Terms have changed, Camiolog will treat your use as acceptance of the updated Terms.
General legal terms
The Terms constitute the whole legal agreement between you and Camiolog and govern your use of the Services (but excluding any services which Camiolog may provide to you under a separate written agreement), and completely replace any prior agreements between you and Camiolog in relation to the Services.
You agree that Camiolog may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Camiolog does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Camiolog has the benefit of under any applicable law), this will not be taken to be a formal waiver of Camiolog’s rights and that those rights or remedies will still be available to Camiolog.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Camiolog under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Camiolog agree to submit to the exclusive jurisdiction of the courts located within the county of San Mateo, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Camiolog shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.