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Terms and Conditions
     Term and Conditions
Please read the OTAMate Technology Ltd 'Terms and Conditions' covering all aspects of Service and Use.

Termination and Takedown

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.

Failure to enforce

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.

Your liability

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.

Our liability

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.

Jurisdictional issues

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.

Disclaimer of warranties

You expressly understand and agree that:
  •   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.
  •   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.
  •   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.
  •   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.

Indemnity

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.

Limitation of liability

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.

Software license agreement

The end-user Software license agreement distributed in the Phonewebcam Installation wizard is by reference incorporated into these Terms.

Violations

Please report any alleged violations of the Terms to admin@otamate.com.

Complaints

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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Operating since Oct 2000, Phonewebcam™ is the first commercial webcam to mobile phone service on the internet.
Phonewebcam™ is a trademark of  OTAMate Technology Ltd.
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