Terms of Service

Your Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through the SpinTheCam.com domain name, the "SpinTheCam Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)SpinTheCam's privacy notice, found at http://www.SpinTheCam.com/privacy.php and incorporated here by reference, and (3) SpinTheCam's Community Guidelines, found at http://www.SpinTheCam.com/guidelines.php and also incorporated here by reference. If you do not agree to any of these terms, the SpinTheCam privacy notice, or the Community Guidelines, please do not use the SpinTheCam Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. SpinTheCam may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

SpinTheCam Website

These Terms of Service apply to all users of the SpinTheCam Website, including users who are also contributors of video content (including live video content), information, and other materials or services on the Website. The SpinTheCam Website includes all aspects of its service, including but not limited to all products, software and services offered via the website such as the SpinTheCam room, Spin The Bottle, Community Spin and other applications.

The SpinTheCam Website may contain links to third party websites that are not owned or controlled by SpinTheCam. SpinTheCam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SpinTheCam will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SpinTheCam from any and all liability arising from your use of any third-party website including the contention of whether or not you understood that you were on SpinTheCam or on a third party website.

Accordingly, we encourage you to be aware when you leave the SpinTheCam Website and to read the terms and conditions and privacy policy of each other website that you visit.

SpinTheCam Accounts

In order to access most areas and or features of the Website, you will have to create a SpinTheCam account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SpinTheCam immediately of any breach of security or unauthorized use of your account.

Although SpinTheCam will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SpinTheCam or others due to such unauthorized use.

General Use of the Website - Permissions and Restrictions

SpinTheCam hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Feeds (defined below), without SpinTheCam's prior written authorization.
You agree not to access User Feeds (defined below) or SpinTheCam Content through any technology or means other incorporated in the pages of the Website itself, or other explicitly authorized means SpinTheCam may designate.
You agree not to alter or modify any part of the Website, including but not limited to SpinTheCam's related technologies.
You agree not to use the Website, including the SpinTheCam Embeddable Player for any commercial use, without the prior written authorization of SpinTheCam.

Prohibited commercial uses include any of the following actions taken without SpinTheCam's express approval:

sale of access to the Website or its related services (such as the Embeddable Player) on another website;
use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the SpinTheCam website or any third-party website, targeted to the content of specific User Feeds or SpinTheCam content;
and any use of the Website or its related services that SpinTheCam finds, in its sole discretion, to use SpinTheCam's resources or User Feeds with the effect of competing with or displacing the market for SpinTheCam, SpinTheCam content, or its User Feeds.
broadcasting an original video to SpinTheCam, to promote your business or artistic enterprise;
Prohibited commercial uses do not include any use that SpinTheCam expressly authorizes in writing. For more information or clarification abut what constitutes a prohibited commercial use, please contact us.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the SpinTheCam servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SpinTheCam grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SpinTheCam reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including but not limited to video stills, video recordings of any format and account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, feedback, reporting of inappropriate behavior) for any commercial solicitation purposes
You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Feeds.
SpinTheCam reserves the right to discontinue any aspect of the SpinTheCam Website at any time.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, SpinTheCam Community Guidelines, and all applicable local, national, and international laws and regulations.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the SpinTheCam Website.

The content on the SpinTheCam Website, except all User Feeds (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SpinTheCam, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. SpinTheCam reserves all rights not expressly granted in and to the Website and the Content.
User Blogs, Forums and Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SpinTheCam Website. Blogs, Forums and Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SpinTheCam Website or otherwise as prohibited under this Agreement.
You may access User Feeds for your information and personal use solely as intended through the provided functionality of the SpinTheCam Website. You shall not copy, broadcast or download any User.
You may access SpinTheCam Content, User Feeds and other content only as permitted under this Agreement. SpinTheCam reserves all rights not expressly granted in and to the SpinTheCam Content and the SpinTheCam Website.
You agree not to circumvent, disable or otherwise interfere with security-related features of the SpinTheCam Website or features that prevent or restrict use or copying of any Content or enforce controls and limitations on use of the SpinTheCam Website or the Content therein.
You agree to not engage in the use, copying, or distribution of any of the Content and live User Feeds other than expressly permitted herein, including any use, copying, or distribution of User Feeds of third parties obtained through the Website for any commercial purposes.
You understand that when using the SpinTheCam Website, you will be exposed to Live and recorded User Feeds from a variety of sources, and that SpinTheCam is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Feeds. You further understand and acknowledge that you may be exposed to Live and recorded User Feeds that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SpinTheCam with respect thereto, and agree to indemnify and hold SpinTheCam, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You agree not to frustrate the process of monitoring content that does not comply with these terms and conditions by, for example, clicking concern buttons related to various inappropriate activity unnecessarily.

Your User Feeds and Conduct

As a SpinTheCam account holder you may broadcast video content ("User Videos") and textual content ("Blogs, Forums and Comments"). User Live Broadcasts, Recorded Videos and User Blogs, Forums and Comments are collectively referred to as " User Feeds". You understand that whether or not such User Feeds are viewed, SpinTheCam does not guarantee any confidentiality with respect to any User Feeds.

You shall be solely responsible for your own User Feeds and the consequences of posting or publishing them. In connection with User Feeds, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SpinTheCam to use and broadcast live all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Feeds to enable inclusion and use of the User Feeds in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your Live User Feeds and Recorded Shows. However, by submitting User Feeds to SpinTheCam, you hereby grant SpinTheCam a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Feeds in connection with the SpinTheCam Website and SpinTheCam's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SpinTheCam Website (and derivative works thereof) in any media formats and through any media channels.

In connection with User Feeds, you further agree that you will not broadcast material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SpinTheCam all of the license rights granted herein.

You understand and agree that SpinTheCam may retain server copies of User Feeds, both Live and Recorded, for the protection of its viewers, law enforcement purposes, enforcement of Site terms of service and commercial use as described above. The above licenses granted by you in User Blogs, Forums and Comments are perpetual and irrevocable.

You hereby agree that any use, copying, broadcasting of another users User Feeds is not permitted. While all users indemnify SpinTheCam from any and all legal claim and liability as detailed above, you are not indemnified in any way from inappropriate acquisition and use of another's property either by SpinTheCam or other users.

You further agree that you will not, in connection with User Feeds, submit material that is contrary to the SpinTheCam Community Guidelines, found at http://www.SpinTheCam.com/ guidelines.php, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

SpinTheCam does not endorse any User Feed or any opinion, recommendation, or advice expressed therein, and SpinTheCam expressly disclaims any and all liability in connection with User Feeds. SpinTheCam does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SpinTheCam will remove all Content and User Feeds if properly notified that such Content or User Submission infringes on another's intellectual property rights. SpinTheCam reserves the right to remove Content and User Feeds without prior notice. SpinTheCam reserves the right to block any live User Feeds or cancel any User Live Broadcast without prior notice and at its sole discretion.

Age of Majority and Membership

Age of Majority - You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit SpinTheCam immediately and may not use or access SpinTheCam or print or download any Materials from it. You verified your birth date is over 18 by agreeing to these terms and conditions, pursuant to 28 U.S.C. section 1746.

No Child Pornography

You understand that all profiles appearing on SpinTheCam are, and were at the time of all recorded images, at least 18 years of age, and that SpinTheCam contains no child pornography. If you seek any form of child pornography or wish to illicit sex with an underage person, you must exit SpinTheCam immediately. You acknowledge that all Materials on MFI are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment.

If you identify any images, real or simulated, depicting minors engaged in sexual activity within SpinTheCam, please report the images via the contact page. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material.

Fees, Cash and Redemptions

SpinTheCam represents an online economy where cash are transferred via cash transfer or via virtual gift. Members can purchase credits and also redeem cash for rewards.

You expressly agree to the current posted fees for each "point" purchased or redeemed on the site. You also expressly acknowledge and agree that the fees may change at any time and that the value of cash at the time of redemption may also change at any time. All fees paid for cash and gifts are non-refundable.

All credit card donations are taken in a card not present atmosphere. Thus, to reduce risk, SpinTheCam may request for written authorization of charges, as well as verification of card holder identity. All donors expressly agree to provide documentation of charges made on SpinTheCam through a written statement and/or copies of credit cards and photo identification. Failure to comply may result in account suspension or termination.

You expressly agree that if SpinTheCam terminates your account due to breach of these terms and conditions, or you cancel your own account, you shall not be entitled to transferable cash nor any refund of credits purchased nor any rewards for cash accumulated.

If at any time you decided to cancel your membership to SpinTheCam or is terminated by SpinTheCam under the provisions herein, you expressly acknowledge and agree that all value accrued in credits obtained shall be irrevocably forfeited and remain the property of SpinTheCam.

You acknowledge and agree that redemption of rewards in lieu of credits earned is only possible in strict compliance with SpinTheCam’s validation process.

You must provide an image that proves you are the person in your profile. Members typically supply a photo in which they display a sign saying “Hello SpinTheCam” or some such.
You must provide two or more proofs of identification and age
You agree to cooperate with SpinTheCam’s redemption team in working out the most appropriate method of distributing the value of your reward and the decision of SpinTheCam’s team as to the most suitable mechanism is binding and final and without any recourse.

Account Termination Policy

SpinTheCam may terminate a User's access to its Website if, they are determined to have infringed the terms and conditions.

SpinTheCam reserves the right to decide whether Content or a User Feed is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SpinTheCam may block or remove such User Feeds and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission Feed or Recording or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A 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.

SpinTheCam's designated Copyright officer to receive notifications of claimed infringement is: Valerie Kennedy, 580 5th Avenue, #LL007, New York, NY 10036. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SpinTheCam customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your Live User Feed or Recorded Broadcast that was blocked, removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright department, SpinTheCam may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 30 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 30 to 40 business days or more after receipt of the counter-notice, at SpinTheCam's sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SpinTheCam WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SpinTheCam, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SpinTheCam MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SpinTheCam WEBSITE. SpinTheCam DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SpinTheCam WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SpinTheCam WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.

Limitation of Liability

IN NO EVENT SHALL SpinTheCam, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SpinTheCam WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT SpinTheCam SHALL NOT BE LIABLE FOR USER FEEDS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless SpinTheCam, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SpinTheCam Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Feeds caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SpinTheCam Website.

Ability to Accept Terms of Service

You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the SpinTheCam Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the SpinTheCam Website.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SpinTheCam without restriction.

General

You agree that: (i) the SpinTheCam Website shall be deemed solely based in New York; and (ii) the SpinTheCam Website shall be deemed a passive website that does not give rise to personal jurisdiction over SpinTheCam, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and SpinTheCam that arises in whole or in part from your use of the SpinTheCam Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Notice at http://www.SpinTheCam.com/privacy.php and any other legal notices published by SpinTheCam on the Website, shall constitute the entire agreement between you and SpinTheCam concerning the SpinTheCam Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SpinTheCam's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SpinTheCam reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the SpinTheCam Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SpinTheCam AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SpinTheCam WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.