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Termination and Takedown
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We reserve the right to remove or delete, without notice, any Content communicated by Users for any
reason. However, we have no obligation to delete Content that you may find objectionable or offensive.
OTAMate Technology, in its sole discretion, may terminate your access to the Site, your account or your
password and/or remove any Content you have posted on the Site, for any reason. OTAMate Technology may
also in its sole discretion and at any time discontinue the Site, or any part thereof, without notice.
OTAMate Technology shall not be liable to you or any third-party for any termination of your access to
the Site.
If you believe your Content has been unfairly removed or moved, you may send a written notice stating
your reasons to admin@otamate.com. You acknowledge and agree that OTAMate Technology has no obligation
to allow or reinstate any Content that is available via the Service.
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Failure to enforce
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If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing
either that provision (or any similar provision) on a later occasion.
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Your liability
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If you use Phonewebcam for any illegal purpose or for any purpose other than that expressly permitted by
these Terms or otherwise in breach of these Terms, you will be liable to indemnify us in full for any
loss, liability or costs which we incur arising from or in connection with such use or alleged use.
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Our liability
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Except as expressly provided in these Terms, we expressly disclaim any further representations, warranties,
conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not
limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a
particular purpose or reasonable care and skill.
We shall not be liable in contract, tort (including negligence), statutory duty or collaterally or
otherwise arising out of or in connection with these Terms or the Phonewebcam Service for consequential,
indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts,
business or anticipated savings), in each case, even if we have been advised of the possibility of such
loss or damage and howsoever incurred.
Our maximum liability to you in contract, tort (including negligence), statutory duty or collaterally or
otherwise arising out of or in connection with these Terms or this Site shall be limited to £50, or
the sums paid by you to us in respect of any twelve month period, whichever is greater.
Notwithstanding any other provision of these Terms, we will be liable to you without limit
for any death or personal injury caused by our negligence and to the extent that liability arises under
Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made
fraudulently by us.
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Jurisdictional issues
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This Site is controlled and operated by OTAMate Technology from its offices within the United Kingdom.
OTAMate Technology makes no representation that the Content is appropriate or available for use in other
locations. If you access this Site from other locations, you do so on your own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and the relationship between you and OTAMate Technology shall be governed by English law and
any dispute connected with this is subject to the personal and exclusive jurisdiction of the English
courts without regard to its conflict of law provisions. The failure of OTAMate Technology 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, the parties
nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
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Disclaimer of warranties
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You expressly understand and agree that:
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Your use of the Service is at your sole risk. The Service is provided
on an "As is" and "As available" basis. OTAMate Technology expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. |
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OTAMate Technology makes no warranty that (i) the Service will meet your
requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you through the Service will meet your
expectations, and (v) any errors in the software will be corrected. |
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The use of the Service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system or loss of data that results from
the download of any such material. |
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No advice or information, whether oral or written, obtained by you from
OTAMate Technology or through or from the Service shall create any warranty not expressly stated in the
Terms. |
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Indemnity
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You agree to indemnify and hold OTAMate Technology, and its subsidiaries, affiliates, officers, agents,
employees, co-branders or other partners, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection to the Service, your violation
of the Terms or any other posted guidelines, or your violation of any intellectual property or other
rights of another.
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Limitation of liability
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OTAMate Technology shall not be liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (even if OTAMate Technology has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized
access to, alteration of, or use of your transmissions or data; (iv) statements or conduct of any third
party or user on the Service; or (v) any other matter relating to the Service, this Site, or any software,
materials or information provided herein.
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Software license agreement
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The end-user Software license agreement distributed in the Phonewebcam
Installation wizard is by reference incorporated into these Terms.
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Violations
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Please report any alleged violations of the Terms to admin@otamate.com.
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Complaints
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If you are dissatisfied with the Service or this Site or any aspect of it, please contact
admin@otamate.com.
© OTAMate Technology Ltd 2006
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