LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Hapcam WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Service. Persons under the age of 13 are prohibited from creating Hapcam accounts.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Hapcam account.
(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Hapcam’s prior written authorization;
(iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and
1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Hapcam prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Hapcam upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
3. You agree that you will not solicit, collect or use the login credentials of other Hapcam users.
4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
6. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Hapcam.
7. You must not access Hapcam’s private API by means other than those permitted by Hapcam.
8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a-k-a “spam”) to any Hapcam users.
9. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Hapcam page is rendered or displayed in a user’s browser or device.
10. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, spider, crawler, bot or scraper.
After opening a Hapcam account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Hapcam API. If you use any such application or client, you acknowledge and agree that Hapcam will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, post or display on or via the Service. You understand that you are responsible for all data charges you incur by using the Services.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Hapcam is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Hapcam, you hereby grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”), subject to any privacy settings you have set to control who can see your User Content.
We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
Certain features of the Services require access to your device’s native phonebook and multimedia storage applications (e.g., to find friends, to upload a picture or video). If you choose to find friends, the names and phone numbers in your device’s native phonebook will be transmitted to Hapcam. If you later decide to revoke your consent and prevent us from continuing to access your phonebook and image storage applications, you can do so by either changing the settings on your device, if this settings option is provided by your device operating system, or by following the standard uninstall process and removing our Services from your device.
The Service contains content, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (“Hapcam Content”) owned or licensed by Hapcam. Hapcam Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hapcam, Hapcam owns and retains all rights in the Hapcam Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hapcam Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Hapcam Content.
You are hereby granted a limited, non-exclusive, non-sub licensable license to access and use the Services and Hapcam Content. This license is revocable at any time.
AVAILABILITY OF SERVICES
We will do our best to offer you a smooth service, but we give no guarantees that Hapcam will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum. You agree that Hapcam will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
LOCATION BASED SERVICES
Where we collect location-based information, we will generally do it on an anonymised basis for the improvement of our application or services. You consent to our use of anonymised location based services information collected from you.
Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our application or on your device. Depending on your version of Hapcam and the functionalities available on your device you may benefit from advanced options to manage the disclosure of location-based information.!
1. The Hapcam name and logo are trademarks of Hapcam, a nd may not be copied, imitated or used, in whole or in part, without the prior written permission of Hapcam. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/ or trade dress of Hapcam, and may not be copied, imitated or used, in whole or in part, without prior written permission from Hapcam.
If you send or transmit any communications, comments, questions, suggestions, feedbacks or related materials to Hapcam, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, nonconfidential and non-proprietary. You hereby assign all right, title, and interest in, and Hapcam is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Hapcam is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
• Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Compromise the security of the Services;
• Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
• Use or attempt to use another user’s account without authorization;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
• Engage in any harassing, intimidating, predatory, or stalking conduct;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Hapcam respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at:
Hapcam Technologies (P) Limited
[To: Copyright Agent]
B-2, Jangpura Extension
New Delhi 110014
Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed, (b) you have noticed any defamatory content published via Hapcam or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.
(i) We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
(iii) We reserve the right to refuse access to the Service to anyone for any reason at any time.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Hapcam CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Hapcam NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “Hapcam PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Hapcam CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Hapcam OR VIA THE SERVICE. IN ADDITION, THE Hapcam PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE Hapcam PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. TO THE EXTENT PERMITTED BY LAW, Hapcam EXCLUDES ALL WARRANTIES.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE Hapcam PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Hapcam CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Hapcam PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Hapcam PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST Hapcam FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES. IN NO EVENT WILL THE Hapcam PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Hapcam PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLARS ($1.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Hapcam’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Hapcam PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Hapcam PARTIES.
Hapcam IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Hapcam Technologies Private Limited
B-2, Jangpura Extension,
New Delhi-110014, India.
Email address: info@Hapcam.com
These Terms and the relationship between you and us shall be governed by the laws of India without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before resorting to the filing of a formal lawsuit against us, you agree to try to resolve the dispute informally by contacting legal@Hapcam.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within a period of thirty (30) days from submission, the dispute shall then be resolved through alternative dispute resolution procedures, such as arbitration and mediation, as alternatives to litigation.
Except when either You or Hapcam are seeking equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents; any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by Hapcam. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.
Any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.
Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Hapcam must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
Last updated: January 13, 2016