Legal Terms & Conditions

CallPass, LLC, a Florida limited liability company, and its joint venture associates (collectively, (“our,” “we,” or “us”) provides supported remote camera and video services, video recording, messaging, social media uploading, tracking and other services to users (collectively, the “Owlcam Services”) through the website at www.owlcam.com (the “Website”), the Owlcam mobile device application (the “App”), under the Owlcam brand. The consumer (“you”) agrees to these Terms of Service (together with our Privacy and Data Policy, which is incorporated herein in its entirety, these “Terms”) by installing, accessing, or using the Website, the App or our products, including by not limited to, the Owlcam Services, applications, services, features, or software.  The Website and the App are referred to, collectively, as the “Site.”  These Terms of Use supersede and replace all terms of use and other policies for the Site existing before the Effective Date.

PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE THE SITE AND THE OWLCAM SERVICES.  BY USING OR ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THESE TERMS.

Our objectives:

   We will take reasonable measures to:

  1. not use video linked to your account information unless you choose to share it.
  2. anonymize any data we collect on usage and any video we collect.
  3. make our link between the Owlcam Services and your phone private, unless others have access to your phone, device, or the secure recovery profile you set up with us.

We will not exploit your social connections or network.

Privacy and Data Policy

Our Data Practices. By using the Owlcam Services, you are agreeing to our data practices, and you are consenting to the collection, use, transfer, and disclosure of information as described in the Privacy and Data Policy, which is posted to the Website and linked through the App and which is made a part of these Terms.

Safety and Security. We promote safety and security on and off the Owlcam Services, and therefore verify accounts and activity, and investigate suspicious activity, alleged or perceived violations of our Terms, and validate use to ensure the Owlcam Services are being used legally.

ADDITIONAL SERVICES AND EMERGENCY SERVICES: Neither we nor the Owlcam Services are a security system, not an emergency services provider. As part of the Owlcam Services, we, in our sole discretion, may call emergency services on your behalf to certain emergency services in the case of accidents and emergencies. In those cases, you may register your current mobile phone number to receive communications to this number. When registering the number, you consent to receive text messages, VOIP calls, and phone calls (from us or our third-party providers) and any additional associated costs from your wireless provider. You also acknowledge that by using this service you consent to these additional terms.

Age. If you are under 18 years old, you cannot use our Site without parental consent and supervision. If you want to participate in social sharing of the Owlcam Services, you must be 18 or over (or such age required in your country for you to be authorized to use the Owlcam Services without parental approval) unless you are making and sharing content with a parent. If you are under 18 years old, your parent or guardian must agree to our Terms on your behalf, if applicable for use. If these permissions are not granted, you agree to stop using the Owlcam Services immediately.

Devices and Software. Items needed to use the Owlcam Services through our App include a car, a mobile phone, and a data connection for the phone, which you must provide to use the Owlcam Services via the App. For as long as you use the Owlcam Services, you consent to downloading and installing updates to the Owlcam Services, including automatically, if applicable.

Fees and Taxes. You will incur fees for your mobile data plan and other fees and taxes associated with your use of the Owlcam Services via mobile phone. We may charge you for additional services, including applicable taxes, if applicable.

Our Terms and Policies. You must use the Owlcam Services only according to these Terms, our Privacy Policy, and other policies posted on the Site. If we disable your account for a violation of our Terms, our Privacy Policy, or other policies posted on the Site, you agree not to create another account without our permission.

Legal and Acceptable Use. You must access and use the Owlcam Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) the Owlcam Services in ways that: (a) violate, misappropriate, or infringe our rights or the rights of our users, partners, third-party providers, or others, such as rights of privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes and exploiting, harming or attempting to exploit or harm minors; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; (f) involve any commercial/for profit of the Owlcam Services unless otherwise authorized by us; (g) violate applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (h) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site, (i) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or (j) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Harm to Us and/or Our Users.  You agree not to do the following and not help others do the following: (1) use the Owlcam Services in a way that adds distraction or risk inside a vehicle (2) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Owlcam Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, the Owlcam Services, systems, our users, or others; (3) directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Owlcam Services; (b) send, store, or transmit viruses or other harmful computer code through or onto the Owlcam Services; (c) gain or attempt to gain unauthorized access to the Owlcam Services or systems; (d) interfere with or disrupt the integrity or performance of the Owlcam Services; (e) create accounts for the Owlcam Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for the Owlcam Services; or (h) distribute or make the Owlcam Services available over a network where they could be used by multiple devices at the same time.

Securing Your Account. We may provide you tools to keep your device and your account safe.  Please notify us promptly of any unauthorized use or security breach of your account or the Owlcam Services.

Managing Your Information. The following tools allow you to manage, change, limit, or delete your information:

  • Settings.  You can change your services settings to manage certain information available to other users through the Site.
  • Changing Your Profile Information. You can change certain personal information at any time by accessing settings through the Site. If you opt-in to additional services, this also includes any phone numbers associated with your profile.
  • Deleting Your Account. You may delete your account at any time (including for the purpose of revoking your consent to our use of your information) by emailing us at support@owlcam.com.
  • Third-Party Services and Integrations, and Providers. The Owlcam Services may allow you to access, use, integrate with, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud, Amazon Web Services, or Google Drive) that may be integrated with the Owlcam Services or interact with a share button on a third party’s website that enables you to send information to your contacts on our Site, and vice versa. If you interact with a third-party service linked through the Owlcam Services, you may be providing information directly to such third party. When using third-party services, their own terms of service, guidelines, and privacy policies will govern your use of those services.

Our Third Party Providers. We work with third-party providers and other companies, which may include, but are not limited to, present or future corporate affiliates, to help us operate, provide, improve, understand, customize, support, and market the Owlcam Services. This may also include providing joint services or certain services to us or on our behalf to help us operate our business and/or effectuate the Owlcam Services. For example, we work with companies to distribute the Owlcam Services, provide infrastructure, delivery, and other systems, supply location and places information, process payments, help us understand how people use the Owlcam Services, and market the Owlcam Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

In addition, to effectuate the Owlcam Services on our behalf, we may share aggregated information, from which the aggregated data cannot identify you personally, with our service providers for the sole purpose of providing of services to us, and to you, too

Licenses

Your License Rights.  We do not claim ownership of the information that you submit for your account or through the Owlcam Services. You hereby grant to us a license to use the information you submit, and you assure us that you have the necessary rights to such information that you submit for your account or through the Owlcam Services and that you have the right to grant the rights and licenses according to these Terms.

Our License Rights; Our License to You.  We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, data generated through your use of the Owlcam Services and associated analysis, and other intellectual property rights associated with the Owlcam Services or the with the Site. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Owlcam Services and our Site, subject to and in accordance with these Terms and any other applicable policies. This license is for the sole purpose of enabling you to use the Owlcam Services solely in the manner permitted by these Terms and any other applicable policies.

License Restrictions. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, data generated through your use of the Owlcam Services and associated analysis, and other intellectual property rights unless you have our express permission. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you in this provision. You shall not and will not transfer any of your rights or obligations under these Terms and any applicable policies to anyone else without our prior written consent. Such transfer without our prior written consent shall be deemed invalid, null and void. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and these Terms are not intended to limit such consumer legal rights that may not be waived by contract.

Your License to Us. As necessary for us to provide Owlcam Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, perpetual license, which license is sublicensable and transferable, to use, make, have made, execute, reproduce, modify, adapt, display, perform, distribute, make derivative works of you information, import, and export your information in connection with the Owlcam Services and to permit others to do any of the foregoing. The rights you grant in this license are for the limited purpose of operating and providing the Owlcam Services (such as to allow us to display your profile picture and status message, transmit and store your video content, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our applicable policies). You also grant us the right to sell or offer for sale your information and data derived thereof submitted through the Owlcam Services, subject to the terms of our Privacy Policy.

Disclosure of Your Information. We may disclose your information pursuant to applicable law or a court order, as described in the Privacy Policy.

rights or the intellectual property rights of others.

Use of the App

Updates of the App.  We may update the App periodically, and you should regularly check for downloadable updates to the App.

Offers through the App.  If you use the App, we may send to you text offers and advertisements for deals from us through the App.  You may Text JOIN to 695226[1] to receive up to 4 text messages per month with updates regarding the status of your subscriptions.  Message and data rates may apply.  By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

Age.  By using the App, you are confirming that you are over 18 years of age.

Stop Information and Help Information.  Text STOP to 695226 to stop receiving messages from us. You will receive a confirmation text regarding you election to stop our messages.  For additional information, text HELP to 695226 or call us at  +1 (855) 569-5226.

Supported Wireless Carriers.  Our App currently supports use with the following wireless carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.  This list of supported carriers may change at any time for any reason, without notice to you.

Disclaimers

Disclaimers. YOU USE THE OWLCAM SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE THE OWLCAM SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS, DISABLING MECHANISM, OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT THE OWLCAM SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, RETRIEVABLE, OR SAFE, OR THAT THE OWLCAM SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, INTERCEPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN OUR USERS USE THE OWLCAM SERVICES OR THE FEATURES, SERVICES, AND INTERFACES THE SITE PROVIDES. WE ARE NOT RESPONSIBLE FOR, AND ARE NOT OBLIGATED TO CONTROL, THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY OR HARM RESULTING FROM OR ASSOCIATED WITH YOUR ACTIONS OR CONDUCT RELATING TO VIDEO CONTENT THAT YOU CREATE, POST OR VIEW THROUGH THE SITE OR THROUGH THE OWLCAM SERVICES.  NOTHING IN THESE TERMS OF USE SHALL CREATE ANY PRIVATE RIGHT OF ACTION FOR ANY THIRD PARTY.  NO PERSON SHALL HAVE A  REASONABLE EXPECTATION THAT ANY VIDEO CREATED, POSTED OR VIEWED THROUGH THE SITE OR THROUGH THE OWLCAM SERVICES WILL NOT CONTAIN ANY CONTENT PROHIBITED BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE PRIVACY AND DATA POLICY.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY VIDEO CONTENT PROVIDED BY OUR USERS.

WE DO NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF USER CONTENT, INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT, OR ANY OTHER COMMUNICATIONS POSTED BY USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL OR VIDEO CONTENT POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

Release and Limitation of Liability

Release. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “OWLCAM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “RELEASED CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH RELEASED CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO RELEASED CLAIMS WHICH  A PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH ANOTHER PARTY.

Limitation of Liability. THE OWLCAM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, US, OR THE OWLCAM SERVICES, EVEN IF THE OWLCAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, US, OR THE OWLCAM SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE OWLCAM PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

Indemnification. You agree to defend, indemnify, and hold harmless the Owlcam Parties, their affiliates, licensors and service providers, and any and all applicable respective officers, directors, employees, sublicensees, contractors, users and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to and/or use of the Owlcam Services, including information provided in connection therewith; (b) your breach or alleged breach of these Terms or any other applicable policies; (c) any actual or alleged infringement of any intellectual property rights by the Owlcam Services; (d) any personal injury or property damage caused by the negligence, acts or omissions of your use of the Owlcam Services, which would not have happened but for your use of the Owlcam Services; or (e) any misrepresentation made by you (each of the aforementioned an “Indemnification Claim”). You will cooperate as fully as required by us in the defense or settlement of any Indemnification Claim, and in no event will you settle any Indemnification Claim without our prior written consent, not to be unreasonably delayed.

Dispute Resolution

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND WE AGREE THAT EITHER PARTY MAY ELECT TO RESOLVE BY BINDING ARBITRATION ANY CONTROVERSY, CLAIM, COUNTERCLAIM, DISPUTE OR DISAGREEMENT BETWEEN YOU AND US, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT (ANY “CLAIM”). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CONTROVERSY, CLAIM, COUNTERCLAIM, DISPUTE OR DISAGREEMENT ARISING OUT OF, IN CONNECTION WITH OR RELATING TO ANY ONE OR MORE OF THE FOLLOWING: (1) THE INTERPRETATION, EXECUTION, ADMINISTRATION, AMENDMENT OR MODIFICATION OF THIS AGREEMENT; (2) ANY SERVICE ACCOUNT; (3) ANY CHARGE OR COST INCURRED PURSUANT TO THIS AGREEMENT; (4) THE COLLECTION OF ANY AMOUNTS DUE UNDER THIS AGREEMENT OR ANY SERVICE ACCOUNT; (5) ANY ALLEGED CONTRACT OR TORT ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, ANY SERVICE ACCOUNT, ANY TRANSACTION, ANY ADVERTISEMENT OR SOLICITATION, OR YOUR BUSINESS, INTERACTION OR RELATIONSHIP WITH US; (6) ANY BREACH OF ANY PROVISION OF THIS AGREEMENT; (7) ANY STATEMENTS OR REPRESENTATIONS MADE TO YOU WITH RESPECT TO THIS AGREEMENT, ANY SERVICE ACCOUNT, ANY TRANSACTION, ANY ADVERTISEMENT OR SOLICITATION, OR YOUR BUSINESS, INTERACTION OR RELATIONSHIP WITH US; OR (8) ANY OF THE FOREGOING ARISING OUT OF, IN CONNECTION WITH OR RELATING TO ANY AGREEMENT WHICH RELATES TO THIS AGREEMENT, ANY SERVICE ACCOUNT, ANY TRANSACTION OR YOUR BUSINESS, INTERACTION OR RELATIONSHIP WITH US. IF EITHER PARTY ELECTS TO ARBITRATE, THE CLAIM SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (“FAA”).

This agreement to arbitrate shall include any Claim involving our officers, directors, employees, agents, representatives, contractors, subcontractors, parent, subsidiaries, affiliates, successors, assigns, any third party that assigned any agreements to us and any of the respective employees, officers, agents or directors of such affiliates or third parties, and any such Claim against any of those parties may be joined or consolidated with any related Claim against us in a single arbitration proceeding. In addition, if we become a party in any lawsuit that you have with any third party, whether through intervention by us or by motion made by you or any third party, we may elect to have all claims in that lawsuit between you and such third party to be resolved by BINDING ARBITRATION under this agreement.

The arbitration shall be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures For The Resolution Of Consumer-Related Disputes (the “Arbitration Rules”) in effect at the time the demand for arbitration is filed. In the event of a conflict between the Arbitration Rules and this Agreement, this Agreement shall control, except that, in the event that the AAA determines that any provision of this Agreement does not comply with applicable standards stated in the AAA’s Consumer Due Process Protocol, the standards of the Protocol shall control. We will tell you how to contact the AAA and how to get a copy of the Arbitration Rules without cost if you ask us in writing to do so. Or, you may contact the AAA directly at 1-800-778-7879 (toll free) or at www.adr.org.

If the AAA’s Supplemental Procedures for Consumer-Related Disputes apply to your Claim and if your Claim for actual damages does not exceed $10,000, you shall be responsible for paying one-half of the arbitrator’s fees up to a maximum of $125. If your Claim for actual damages exceeds $10,000 but does not exceed $75,000, you shall be responsible for paying one-half of the arbitrator’s fees up to a maximum of $375. For any Claim that does not exceed $75,000, we will pay all other arbitrator’s fees and costs imposed by the administrator of the arbitration.

If your Claim is a consumer-related claim for actual damages that exceeds $75,000, or if it is a non-monetary consumer-related Claim, or if it is not a consumer-related Claim, you shall be responsible for paying the administrative costs and arbitrator’s fees as provided in the AAA’s Commercial Fee Schedule. Additionally, in the case of a consumer-related Claim for actual damages in excess of $75,000 or for non-monetary damages, and in the case of any non-consumer-related Claim, the prevailing party in an arbitration proceeding may seek to recover its expenses for administrative fees and arbitrator(s)’ fees from the other party in accordance with the Arbitration Rules. The final award by the arbitrator(s) pertaining to such a Claim can apportion the administrative fees and expenses and arbitrators’ fees between you and us as part of the award, as the arbitrator(s) determines is appropriate.

The fees and costs stated in this Agreement are subject to any amendments to the Arbitration Rules and fee and cost schedules of the AAA. The fee and costs schedule in effect at the time you submit your Claim shall apply. The Arbitration Rules permit you to request a deferral or reduction of the administrative fees of arbitration if paying them would cause you extreme hardship. Each party also has the option of filing an action in small claims court for any Claim or disputes within the scope of the small claims court’s jurisdiction.

The arbitration of any Claim of $100,000 or greater shall be conducted by a panel of three arbitrators. The arbitration of any Claim of a lesser amount shall be conducted by one arbitrator. The arbitrator(s) shall be selected from the AAA’s panel of arbitrators by mutual agreement between you and us. If we cannot agree on the arbitrator(s), the AAA shall appoint the arbitrator(s). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT TO ARBITRATE, NO CLAIM MAY BE JOINED WITH ANOTHER DISPUTE OR LAWSUIT, OR CONSOLIDATED WITH THE ARBITRATION OF ANOTHER CLAIM, OR RESOLVED ON BEHALF OF A CLASS OF SIMILARLY SITUATED PERSONS, OR BROUGHT AS PRIVATE ATTORNEY GENERAL OR ON ANOTHER SIMILAR REPRESENTATIVE BASIS. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in the arbitration. Any in-person arbitration hearing will be held in the federal judicial district for the Middle District of Florida.

Any dispute regarding whether a particular controversy is subject to arbitration, including any claim of unconscionability and any dispute over the scope or validity of this agreement to arbitrate disputes or of this entire Agreement, shall be decided by the arbitrator(s). The arbitrator(s) shall establish such reasonable procedures as may be necessary for the reasonable exchange of information between the parties prior to such arbitration. In rendering an award, the arbitrator(s) shall apply applicable contract terms, statutes and legal precedent and shall follow the Federal Rules of Evidence, enforce applicable privileges, and employ applicable burdens of proof.

The arbitrator(s) shall award only such relief as a court of competent jurisdiction could properly award under applicable law. The arbitrator’s findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the Agreement. Judgment on the arbitration award may be entered in any court having jurisdiction.

In the event that the arbitration results in an award which imposes an injunction on you or on us, or contains a monetary award in excess of two hundred fifty thousand dollars ($250,000.00), the award shall be reviewable on appeal initiated within 30 days of the award by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster as provided by Commercial Arbitration Rule 11. Such review shall apply the substantive and procedural standards normally applying to an appeal of a judgment from a trial court of competent jurisdiction. However, if the award does not impose an injunction on you or on us or contain a money award in excess of two hundred fifty thousand dollars ($250,000.00), then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the FAA.

This agreement to arbitrate does not limit the right of you or us, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies such as set-off, repossession, trustee’s sales and the like. This agreement to arbitrate does not limit the right of you or us, whether before or during the pendency of any arbitration proceeding to bring an action (individually, and not on behalf of a class) to obtain provisional or ancillary remedies or injunctive relief (other than a stay of arbitration) to protect the rights or property of the party seeking such relief. However, the arbitrator(s) shall have the power to vacate and/or stay any such proceedings or orders granting provisional or ancillary remedies or injunctive relief, upon application by you or us. The taking by either you or us of any of the self-help remedies or by filing any action in court, including but not limited to the actions described in the preceding sentence, shall not be deemed to be a waiver of the right to elect BINDING ARBITRATION of any Claim upon the filing of a counterclaim or the like by either you or us in response to any such action.

You and we specifically acknowledge and agree that this Agreement evidences a “transaction involving commerce” under the FAA, and hereby waive and relinquish any right to claim otherwise.

Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any Claim, or any appellate proceeding, as applicable, or otherwise refuse or decline to accept and administer the arbitration of any Claim, or any appellate proceeding, as applicable – in whole or in part and for any reason whatsoever – this agreement to arbitrate shall not fail or be invalidated as a result. Rather, in that instance, any party to the Claim may then petition a court of competent jurisdiction under 9 U.S.C. § 5 to appoint the arbitrator(s). Upon consideration of such a 9 U.S.C. § 5 petition, should the court decline or refuse to appoint the arbitrator(s), then and only then and within 30-days of a final and non-appealable decision on the matter from such court, you and we shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within 30-days of the selection of the second of them, select a third arbitrator. The third arbitrator so selected shall then arbitrate the Claim as the sole arbitrator, except with respect to a Claim for $100,000 or greater, in which case all three arbitrators so selected shall arbitrate the claim together, with the award and all pre-award decisions made by majority vote. In the case of any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate and the Federal Arbitration Act. They further shall administer and conduct the arbitration under the Arbitration Rules, to the extent such rules may be practicably applied to an arbitration not administered by the AAA.

If any term or provision of this agreement to arbitrate any and all disputes, and waiver of jury trial, is held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision; provided, that if you or we seek to bring a joined, consolidated, or class action for arbitration, and if the foregoing prohibition against the arbitration of joined, consolidated or class actions is held by an authority of competent jurisdiction to be invalid or unenforceable, the arbitration agreement between you and us shall be deemed inapplicable to such joined, consolidated or class action, to the effect that any permitted and lawful joined, consolidated or class action shall be adjudicated in accordance with the provisions of applicable law and shall not be resolved through arbitration (provided further, that the jury trial waiver shall, in any event, remain in full force and effect to the fullest extent permitted by law). This agreement to arbitrate any and all disputes, and waiver of jury trial, shall survive the termination of services under this agreement and/or the closing of your Service Account(s) and shall also survive as to any Claim covered within the scope of this Agreement.

WHETHER ANY CONTROVERSY IS ARBITRATED OR SETTLED BY A COURT, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO SUCH CONTROVERSY TO THE FULLEST EXTENT ALLOWED BY LAW.

Forum and Venue. You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with these Terms, us, the Site, or the Owlcam Services (each, a “Dispute,” and together, “Disputes”) exclusively in a federal or state court of competent jurisdiction located in Pinellas County, Florida.  You hereby consent to said courts’ personal jurisdiction over you and waive any defense, whether asserted by motion or pleading, that Pinellas County, Florida is an improper or inconvenient venue.  This is intended to be mandatory, and not a permissive, forum selection provision.  Provided, however, nothing in this section shall prevent a party from enforcing a judgment it obtains against the other party in any other jurisdiction.

Governing Law. The laws of the State of Florida govern these Terms, as well as any Disputes, including, but not limited to, non-contractual disputes or claims, which might arise between Owlcam and you, without regard to conflict of law provisions.

Waiver of Jury Trial.  YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Availability and Termination of Services

Availability of Our Services. The Owlcam Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of the Owlcam Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the Owlcam Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of the Owlcam Services anytime for any reason, such as if you violate the letter or spirit of these Terms or create harm, risk, or possible legal exposure for us, our users, or others. The provisions of these Terms will survive any termination of your relationship with us.

We have the right, but not the obligation, to: (a) remove or refuse to post any content, including, without limitation, video content for any or no reason in our sole discretion; (b) take any action with respect to any content, including, without limitation, video content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for us ; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, you acknowledge and agree that we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, and that we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Miscellaneous

Full Agreement. Unless a mutually executed agreement between you and us states otherwise, these Terms make up the entire agreement between you and us regarding the Site and the Owlcam Services and supersede any prior agreements. We may ask you to agree to additional terms for certain of the Owlcam Services in the future, which will govern to the extent there is a conflict between these Terms and such additional terms. Also note, these Terms may be updated without notice, as needed, and such Terms and applicable policies will govern the use of the Owlcam Services. Your continued use of the Owlcam Services or the Site confirms your acceptance of these Terms, as amended. If you do not agree to these Terms, as amended, you must stop using the Owlcam Services. Please review these Terms from time to time. Any amendment to or waiver of these Terms requires our express written consent.

The Owlcam Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit the Owlcam Services in any country. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Trade and Export Laws. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer the Owlcam Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties’ lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download the Owlcam Services if you are located in a restricted country if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

Our Transfer of Rights. All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. If we fail to enforce any of these Terms, it will not be considered a waiver.

Waiver and Severability.  No provision of this Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except specifically in a writing signed by the waiving party.  If any provision of these Terms is deemed unenforceable, invalid, unlawful, or void by a court, that provision will be stricken or modified, shall not affect the validity and enforceability of the remaining provisions, and the remainder of this Agreement will be in full force and effect.

Information Operations and Practices Agreement. You agree to our information practices, including the collection, use, processing, and sharing of your information as described in these Terms, including in the Privacy and Data Policy, and any applicable policies, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use the Owlcam Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those in which it is collected or disseminated, and you agree to allow such collection, storing, and transfer as needed. If you access the Site from outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Attorneys’ Fees.  In any litigation arising from or related to your use of the Site or these Terms, and all appellate proceedings arising therefrom, each party shall bear its own costs relating to such litigation, including, without limitation, its own attorneys’ fees and all other costs.

Force Majeure.  No party is liable for any failure to perform, or delay in performing, its obligations if such performance has been delayed, interfered with or prevented by an event of Force Majeure. As used in this Section, “Force Majeure” means any circumstances whatsoever which are not within the reasonable control of the party affected thereby, including without limitation any act of nature, war, insurrection, riot, strike or labor dispute, shortage of materials, fire, explosion, flood, government action, embargo, boycott, or inability to obtain or maintain any government permit or approval.

Links to Other Sites.  The Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy statements for each and every website you visit.

Effective Date: These Terms of Service were last updated on June 30, 2020.

 

Effective Date: June 30, 2020

This notice describes the Privacy and Data Policy for www.owlcam.com (the “Website”) and the Owlcam mobile device application (the “App”) (collectively, the “Site”) operated by CallPass, LLC, a Florida limited liability company, and its joint venture associates (referred to herein, collectively, as is referred to herein, collectively, as “we” or “us”), which provide supported, remote camera and video services and tracking (collectively, the “Business”), under the Owlcam brand.  By visiting the Site, you are accepting the practices described in this Privacy and Data Policy which are a part of the Terms of Use of the Site, and which are posted to the Website and linked through the App. This Privacy and Data Policy supersedes and replaces all privacy and data policies for the Site existing before the Effective Date

We respect your privacy, and we are committed to protecting it in accordance with this Privacy and Data Policy.

This Privacy and Data Policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting and disclosing that information. It also describes your choices regarding use, access and correction of your personal information.

This policy applies to information we collect:

  • On the Site;
  • In e-mail, text and other electronic messages between you and the Site;
  • Through mobile and desktop applications you download from the Website or the App, which provide dedicated non-browser-based interaction between you and the Site;
  • Through cameras or other devices being operated through our products supported by the Site;
  • That you provide to us for the purpose of registering our products or subscribing to our services.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website or mobile applications operated by third parties;
  • Any other user of the Site or any of our products supported through the Site; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Site. By accessing or using this Site, you agree to this Privacy and Data Policy. This policy may change from time to time. Your continued use of this Site after we make changes constitutes your acceptance of those changes, so please check the policy periodically for updates.

 

  1. Minors Under the Age of 18

The Site is not intended for minors under 18 years of age. No one under age 18 may provide any information to or on the Site. We do not knowingly collect personal information from minors under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features, register on the Site, make any purchases through the Site, share video created by any product supported through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a minor under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor under 18, please contact us.

 

  1. What Personal Information About Users Do We Gather? 

In order to help us personalize and continually improve your experience at the Site, we gather certain types of information. The types of information we gather are:

 

  1. Information You Give Us: We receive and store any information you provide when you use the Site, when you use our products, or when you give to us information in any other way. For example, we collect information to track users’ location and to download video feeds from our products.  Also, we may request that you provide certain personal information, including your name, address, email address, birth date, telephone number, contact information, and any other information from which your identity is confirmed. We may also sometimes afford you the opportunity to provide descriptive, cultural, behavioral, and preferential and/or lifestyle information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy and Data Policy. In other areas, we collect or may collect demographic information that is not unique to you such as your ZIP code, age, preferences, gender, interests and favorites. Sometimes we collect or may collect a combination of the two types of information. You can choose not to provide certain information, but then you might not be able to take advantage of certain features or products related to the Owlcam Services. We use the information that you provide to us for such purposes as providing services to you, providing products to you, responding to your requests, customizing future visits for you, improving our services, and communicating with you.

 

You also may choose to share:

  • account information, such as your profile name, phone number, and photo, which may be available to other parties using our services, if you elect to share that information, although you can configure your settings through the Site to manage certain information available to other users. You may provide your mobile phone number and/or email address to create an recovery account through the Site and for other features and services. You may also add other information to your account, such as a profile name, profile picture, email address, and status message.
  • your contacts, including users with whom you communicate and who may store or share your information (including your phone number or messages) with others on and off our Site. We receive information other people provide us, which may include information about you. For example, when other users you know use our services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you. You may at some point provide us the phone numbers in your mobile address book, including those of both the users of our services and your other contacts, for sharing your videos. You confirm that you are authorized to provide us such information. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, aggregated from information you provide, and you may be permitted to create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
  • your messages to us and to other through the Site. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 10 days as we try to deliver it. If a message is still undelivered after 30 days, we may delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time.
  • information related to your use of the Owlcam Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our Site performance or other issues.
  1. Automatically Collected Information: We also receive and store certain types of information whenever you interact with us. For example, we gather or may gather certain information about your use of the Site and the Site networking, such as what areas you visit and what services you access. We and our partners, affiliates, and analytics or service providers use cookies or similar technologies. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We collect service-related, diagnostic, and performance information, including log files, and diagnostic, crash, website, and performance logs and reports.

You share your information as you use and communicate through the Site or as you use our services, and we share your information internally and occasionally with third party providers and partners, who are obligated to keep your information confidential, to help us research, analyze, evaluate, develop, operate, provide, improve, test, understand, customize, support, troubleshoot, refine, and market our services. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our services.

As is true of most web sites, we gather certain information automatically and store it in log files.  This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.  We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you and site functionality.  We may partner with third parties to either display advertising on our Site or manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you with advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You may continue to receive generic ads.

We also automatically collect the following types of information:

  • Transactional Information. If you pay for our additional Services, we may receive information and confirmations, such as payment receipts, including from “app stores” or other third parties processing your payment.
  • Device and Connection Information. We collect device-specific information when you install, access, or use our services through our App or Website. This includes information such as hardware model, operating system information, browser information, location, IP address, mobile network information including phone number, and device identifiers. When using the App, you may register your current mobile phone number to receive communications. When registering the number, you consent to receive text messages, VOIP calls, and phone calls (from us or our third-party providers) and any additional associated costs from your wireless provider.
  • Cookies.  We use cookies on our website, and through the mobile app, as they keep you logged in and allow us to recognize you. Cookies also remember your information as a convenience to you, to better understand how you use our services, to diagnose and fix our technology, and otherwise enhance our services for you.
  • Usage Information. We collect information on when and where video is created, and how our App and Website are used. We use reasonable precautions to anonymize this data. This includes information about your activity (such as how you use our services or how you interact with others using our services).
  • Video Information. We collect data on when and where video is created, as well as the text for video titles. We use reasonable precautions to anonymize this data. Voice naming of your video is processed using a cloud-based service. We may elect, in our sole discretion, view video when we have detected a crash event, for the purposes of improving the accuracy of our alerts, and to facilitate the effectuation of our services.

Please refer to our cookies policy described below, which cookies policy is expressly made a part of this Privacy and Data Policy.

  1. ADDITIONAL SERVICES AND EMERGENCY SERVICES: Our services provided through the Site are intended to be used as a part of a security system.  Neither we, nor the Site nor the Owlcam Services are an emergency services provider. However, as part of our services, we may  choose, at our sole discretion, to call emergency services on your behalf in the case of accidents and emergencies. You also acknowledge that by using this service you consent to these additional terms.
  2. Communications with other users of the Site:  Any communications, information, video, audio, or other content that you exchange with any other user of the Site or any other user of our products will be considered non-confidential and non-proprietary.  We have no responsibility for any information that you share with any other user of the Site or any other user of our products at your sole risk and in your sole discretion.
  3. Sharing Information with Us: Although we will take reasonable measurers to maintain the privacy of any communications, information, video, audio, or other content that you share with us, we have no duty to view or to otherwise take any action regarding the contexts or subject matters of any such communications, information, video, audio, or other content that you share with us or with any other user or third party.
  4. Email Communications: We may store all email correspondences between you and the Site in order to improve your future experiences. We may use your contact information in order to send you email or other communications regarding updates at the Site. While you have the option to opt-out of receiving emails, we reserve the right to send you strictly service-related announcements, e.g., if service is temporarily suspended for maintenance. You may opt-out by clicking the unsubscribe link from the email, or by emailing us at support@owlcam.com.
  5. Blog/Forum:  The Site may contain publicly accessible blogs or community forums.  You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from a blog or forum contact us by clicking here.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

  1. How We Use Information We Gather

We use information that we collect about you or that you provide to us, including any personal information:

  • To help us research, analyze, evaluate, develop, operate, provide, improve, test, understand, customize, support, troubleshoot, refine, and market our services.
  • To provide the services that support our products, including any product that you purchase through the Site.
  • To track your location and movement, with your consent, when you use our products or the Owlcam Services.
  • To present, and to customize, the Site and its contents to you.
  • To provide you with information, products or services that you request or purchase from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To send to you statements and invoices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Site or any products or services we offer or provide through it.
  • To enable our third party partners and their affiliates to provide services to you.
  • To otherwise provide information to third party advertisers to assist in the marketing of products or services to users.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  1. Disclosure of Information

We will share your personal information with third parties only in the ways that are described in this Privacy and Data Policy.  We may disclose aggregated information about our users. We may disclose personal information that we collect or that you provide as described in this Privacy and Data Policy:

  • To third party users of the Site for the purposes of using our products or for rendering certain services to you, including the Owlcam Services.
  • To our subsidiaries and affiliates for various purposes.
  • To contractors, service providers and other third parties we use to support our Business. These companies are authorized to use your personal information only as necessary to provide these services to us.  We are not responsible for the privacy practices of third parties.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Business’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about the Site users or our products’ users is among the assets transferred. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
  • To third parties who provide services on our behalf to help with our Business’s activities.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information, including, without limitation, your video and audio content:

  • In certain situations in which we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Business, our customers or others.

We DO NOT, without your consent, collect or repurpose personally identifiable information including but not limited to:

  • Social Security Numbers.
  • Criminal Records.

We DO NOT control and are not responsible for any information provided to or disseminated by other users of the Site. All other users of the Site are required to comply with the Site’s Terms of Use regarding the contribution and dissemination of information. Users may always opt out of providing further information to other users or administrators.

 

We may collect your location based information as a part of the services that we provide or as a part of the features of our products and the Owlcam Services. We will only share this information with our tracking provider for the sole purpose of providing you this service. You may opt out of location based services at any time by editing the setting at the device or App level or by emailing us at support@owlcam.com.

 

  1. Access and Choice

 

Upon request, we will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information held by us by making the change on the Site or by emailing our Customer Support by clicking here or by contacting us by postal mail at the contact information listed below.  We will respond to your request within a reasonable timeframe.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Information you provide to any other user of the Site or any other user of our products may not be held by the Business, and we will have no responsibility for correcting or deleting any such information.

 

  1. Public Areas of the Site

 

Some areas of the Site may be public areas and some features of our products may function like public areas in which users share information with each other. These areas and features are OPEN PUBLIC FORUMS and must be treated as such. You should be aware that any information you provide in these areas, or through these features, including any video or audio streams or recordings may be watched, read, collected, and used by others who access them. Sharing your information through any public area of the Site or through any content-sharing features of our products makes that information available to the public. CHOOSING TO MAKE YOUR INFORMATION PUBLIC IS EXACTLY WHAT IT SOUNDS LIKE: ANYONE, INCLUDING PEOPLE OFF OF THE SITE, WILL BE ABLE TO SEE IT. WE DO NOT GUARANTEE THE ACCURACY OR YOUR SAFETY WHEN POSTING, OR RESPONDING TO ANY POSTING, ON ANY OF THESE FORUMS. PLEASE BE SMART AND VERIFY ANY PARTIES WITH WHOM YOU SHARE ANY INFORMATION.

 

  1. Data Security

 

We may implement measures designed to secure your personal information including a variety of privacy and security policies, processes and procedures, including administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the personal information that it creates, receives, maintains or transmits from accidental loss and from unauthorized access, use, alteration and disclosure. In addition, we may elect to encrypt the transmission of such personal information using secure socket layer technology (SSL).

The safety and security of your information depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

 

Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to the Site. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. If you have any questions about security on our Site, you can contact us by clicking here.

 

  1. Third Party Sites

 

The Site may contain links to third party Sites over which we have no control. We are not responsible for the Privacy and Data Policies or practices of other Sites. We encourage you to review the privacy and data policies of those other Sites so you can understand how they collect, use, and share your information.

 

 

  1. Widgets and Social Media Features

 

The Site may include social media features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on the Site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy and data policy of the business providing it; YouTube LLC, Facebook Inc, Twitter Inc and LinkedIn Corporation. Any information, including video or audio content, that you provide through the social media features or Widgets is not governed by this Privacy and Data Policy.

 

  1. Open ID Provider

 

You may be able to log in to the Site through sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

 

  1. Data Retention

 

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with the Business’s legal obligations, resolve disputes and enforce our agreements. We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy and Data Policy unless a longer retention period is required or allowed by law for a set period. You understand and agree, however, that it may not be possible to completely delete all information from the Business’s databases and in such case we may retain (but not display, distribute, or perform) server copies of your information that have been removed or deleted from your account. Even after we have deleted your information from the Business’s systems, copies of some information from your account may remain viewable in some circumstances – where, for example, you have shared information with other users on the Site  or other users of our products, social media platforms and other unaffiliated services, or in a de-identified or aggregated fashion. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or the Business’s internal security policies.  ANY INFORMATION THAT YOU SHARE WITH OTHER USERS OF THE SITE OR OTHER USERS OF OUR PRODUCTS, WHETHER THROUGH THE SITE OR THROUGH ANOTHER PLATFORM, IS NOT SUBJECT TO THIS PRIVACY AND DATA POLICY AND MAY BE RETAINED INDEFINITELY.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY INFORMATION THAT YOU SHARE WITH ANY OTHER USER OF THE SITE OR ANY OTHER USER OF OUR PRODUCTS AND YOU SHARE ANY INFORMATION WITH ANY OTHER USER OF THE SITE OR ANY OTHER USER OF OUR PRODUCTS AT YOUR SOLE RISK AND IN YOUR SOLE DISCRETION.

 

  1. Mobile Privacy and Location Tracking

 

We may offer you the ability to connect with our Site with a mobile device, either through the App or via a mobile optimized Website. The provisions of this Privacy and Data Policy apply to all such mobile access and use of mobile devices, whether through the App or through the Website. When you download or use our App, or access one of our mobile optimized websites, we use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device, such as GPS coordinates. We automatically receive and record information on our server from the App, your browser, or the mobile platform, including your location, IP address, browser type, operating information, device and application IDs, and cookie information. Most mobile devices allow you to control or disable location services in the device’s setting’s menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacturer of your particular device.

 

  1. Changes to Our Privacy and Data Policy

 

It is our policy to post any changes we make to this Privacy and Data Policy on this page. If we make material changes to how we treat users’ personal information, we will notify you by e-mail to the primary e-mail address specified in your account and/or through a notice on the Site home page prior to the change becoming effective. The date the Privacy and Data Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this Privacy and Data Policy to check for any changes.

 

  1. Applicable Law / European Users

 

By using the Site, you agree that our management of your information will be governed by the law of the United States and the laws of applicable states within the United States. The Site is operated in the United States.  However, we may transfer and process your information globally where we have or use facilities, service providers, or partners, regardless of where you use our services.  If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States and by using the Site or giving your information, you consent to such transfer, and understand that the United States may not provide the same level of protections as the laws of your country. You acknowledge that laws, regulations, and standards of the country in where your information is stored or processed may be different from those of your own country.

 

Notwithstanding the foregoing, we will use commercially reasonable efforts to comply with applicable requirements of the General Data Protection Regulation ((EU) 2016/679) as to information held by us for Business purposes only, and any other directly applicable European Union regulation relating to privacy (the “European Data Protection Legislation”). We make no representation or warranty that information that you share or provide to other users of the Site or our products through the Site, our products or otherwise, complies with the European Data Protection Legislation, and such information is shared or provided at your sole risk. Pursuant to the European Data Protection Legislation, may elect to take certain compliance measures if we decide that such measures are necessary or desirable, including, without limitation:

 

  • placing appropriate technical and organizational measures, reviewed and approved by you, to protect against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
  • notifying you without undue delay on becoming aware of a personal data breach;
  • at your written direction, deleting or returning personal data and copies thereof to you on termination of your use of the Site; and
  • maintaining complete and accurate records and information to demonstrate compliance with this Privacy and Data Policy.

You consent to us appointing a third-party processor of personal data under this Privacy and Data Policy.

 

  1. Cookies

We use cookies on the Site and in our services. By using our services, you consent to the use of cookies.

Cookies are commonly used automated data collection tools – like small pieces of text sent to your web browser by a website you visit, in HTML-formatted emails, and in applications. A cookie file is stored in your web browser and allows our service or a third-party to recognize you and make your next visit easier and our service more useful to you.

We use cookies for the following purposes:

  • To enable certain functions of our services
  • To store your preferences
  • Collect statistics regarding your services usage
  • Provide us with information to support technical functionality of our services, improve the experience, and measure effectiveness
  • To enable a third party to deliver and or effectuate our products and our services to you.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.  When you use and access the Owlcam Services, we may place a number of cookies files in your web browser or application.  We use both session and persistent cookies on the Site, and we use different types of cookies to run our services:

Essential cookies. We may use cookies to remember information that changes the way the Owlcam Services behave or look, such as a user’s language preference on the Owlcam Service.

Accounts-related cookies. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Owlcam Services behave or look, such as the “remember me” functionality.

Analytics or customization cookies. We collect information that is either used in aggregate form to help us understand how the Services are used or how effective they are, or to help us customize the Services for you.

Social Media Features and Widgets.  Our Services may include social media features, or the ability to integrate and share via social media, including ; Facebook, Google, Twitter, and LinkedIn offered by the companies Google Inc,  YouTube LLC, Facebook Inc, Twitter Inc and LinkedIn Corporation. These features are usually recognizable by their third-party brand or logo and may collect your IP address, your shared video footage, and set a cookie to enable the feature to work properly. Social media features and widgets are hosted by the third party. Your interactions with these features are governed by the privacy policy of the company providing it. 

We and our partners use third party service providers in connection with the Services and our Business to gather user metrics and usage data. These service providers may collect anonymous information about your visits to our website and use of Services, your interaction with them, our partners and our suppliers through the use of cookies and/or other necessary or associated web technologies. This information may be transferred to servers in the U.S. and elsewhere and stored there. We and our partners may use this anonymous information to improve our products, goods and Services, for marketing analysis, and for quality improvement purposes.

What are your choices regarding cookies?

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features and functionalities we offer, you may not be able to store your preferences, and some of our pages might not display properly, and we may be unable to offer certain services and support.

If you do not want to receive cookies, would like to delete cookies, or instruct your web browser to delete or refuse cookies, you may be able to refuse them by adjusting your browser settings to reject cookies. Please visit the help pages of your web browser.

Do-Not-Track.  There are different ways you can prevent tracking of your online activity. One of them is setting a preference in your browser that alerts websites you visit that you do not want them to collect certain information about you. This is referred to as a Do-Not-Track (“DNT”) signal.

Please note that at this time, there is no universally accepted standard for what a company should do when a DNT signal is detected. In the event a final standard is established, we will assess how to appropriately respond to these signals.

 16.Contact Information

The Site is owned and operated by CallPass, LLC, a Florida limited liability company.  You can contact the Site by visiting the Contact Us Page.

Registered address: 

CALLPASS, LLC

c/o ____________________

4592 Ulmerton Road

Suite 201

Clearwater, FL 33762

This Waiver and License Agreement (the “Agreement”) is by and between CallPass, LLC, a Florida limited liability company with offices located at 4592 Ulmerton Road, Suite 201, Clearwater, Florida 33762 (“Company”) and you (“You”).

Please read this Agreement carefully before you submit any video, photographs, or other content (each a, “Submission”) to Company. By submitting a Submission to Company, you accept and agree to be bound and abide by this Agreement, Company’s Terms of Use and Company’s Privacy Policy, found at www.owlcam.com, incorporated herein by reference. If you do not want to agree to the terms and conditions of this Agreement, you must not make a Submission to Company or otherwise submit any content to Company.

In consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. License.
    • Grant of Rights. Upon making any Submission to Company, You hereby grant to Company and its affiliates, and each of their respective, permitted sublicensees, successors, and assigns (each, a “Licensee”) the nonexclusive, perpetual, irrevocable, and freely transferable and sublicensable right and license throughout the world, including, but not limited to, the United States and its territories and possessions to use an unlimited number of copies of each Submission in any and all formats and media, whether now or hereafter known or devised, by any and all technologies and means of delivery, whether now or hereafter known or devised, for the Licensees’ marketing, promoting or advertising purposes.

For purposes of clarity and without limiting the foregoing, You acknowledge and agree that the rights and license granted to any Licensee under this Agreement include such Licensee’s rights: (a) to modify, edit, combine with other materials (including, but not limited to, in combination or conjunction with Your name or any other name, or no name), translate, include in collective works, and create derivative works of the Submissions in whole or in part (collectively, “Adapt,” “Adapted,” and “Adaptation” have correlative meanings); and (b) to publish, reproduce, perform (publicly or otherwise), display (publicly or otherwise) and transmit the Submissions, in whole or in part, as provided by You or as Adapted for such purposes and uses as are permitted under this Section 1.1.

  • Waiver of Other Rights. You hereby knowingly, voluntarily, and irrevocably waive all rights of attribution and integrity and any other rights in or to the Submissions arising under Section 106A of the Copyright Act, 17 U.S.C. § 106A, or under any other applicable law of the United States or any state, country, or other jurisdiction that acknowledges or confers rights of the same or similar nature (collectively, “Other Rights”). To the extent this waiver is not permitted by applicable law, You hereby agree not to enforce such Other Rights against any Licensee or any individuals or entities acting on behalf of a Licensee or permitted to receive copies of the Submission under this Agreement (collectively, “Licensee Parties”).
  • Other Licensee Rights. Each Licensee shall have the rights, exercisable in such Licensee’s sole discretion, (a) not to use or exploit the Submission and (b) to exercise its rights under this license through any of its employees, agents, and independent contractors.
  1. Your Obligations. You shall, prior to submission of any Submission to Company, obtain from all persons who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in any such Submission, such written and signed licenses, permissions, waivers, and consents (collectively, “Permissions” and each, individually, a “Permission”), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for Licensee to exercise its rights in the Submissions, including all intellectual property rights therein, without incurring any payment or other obligation to, or otherwise violating any right of, any such person
  2. Ownership. You will own and retain all right, title, and interest in and to any Submission, subject to the license granted in Section 1. Company will own and retain all right, title, and interest in and to all Adaptations of any Submissions made by, or by any third party for the benefit of, Company or any Licensee.
  3. Use of Your Name, Likeness, and Information. You hereby grant to Licensee the right to use Your name, image, likeness, and biographical information (including information You provide to Company) in connection with the Submissions and any Adaptations, including to advertise and promote Company or its products and services.
  4. No Payment or Acknowledgment. You shall not be entitled to receive payment, award or consideration of any kind relating to Your grant of rights to any Submissions under this Agreement.  All Submissions may be used by Company or any Licensee pursuant to the terms of this Agreement free of charge.  Furthermore, neither Company nor any other Licensee Party shall be obligated to provide any acknowledgment or recognition of Your contribution of the Submission or any acknowledgement or recognition of the ownership of any Submission.
  5. Your Representations and Warranties. By providing any Submission to Company, You hereby represent and warrant that:
    • You have the full right, power, and authority to enter into, perform, and grant all rights and licenses pursuant this Agreement;
    • the Submissions are Your sole and original creation;
    • You have not granted and will not grant any license, lien, security interest, or other encumbrance in, to, or under any Submissions, and You have not and will not enter into any license or contractual or other obligation that could conflict or interfere with any Licensee’s receipt or exercise of its rights or license hereunder;
    • You are the sole and exclusive legal and beneficial owner of the entire right, title, and interest in and to all Submissions, including all copyrights and other intellectual property rights therein;
    • You have obtained all Permissions as are or reasonably may be expected to be necessary for each of the Licensee Parties to fully and lawfully exercise the any Licensee’s rights and licenses under this Agreement; and
    • the Submissions do not, and use thereof as permitted hereunder will not, violate any law or regulation or infringe or otherwise violate any right of any third party, including, but not limited to, any copyright, trademark, patent, trade secret or other intellectual property right, any right against defamation, or any right of publicity or privacy.
  6. Indemnification. You shall indemnify, defend, and hold harmless Company and each Licensee and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to any breach by You of Your representations, warranties, or other obligations hereunder.
  7. Release. YOU RELEASE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “COMPANY PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “RELEASED CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH RELEASED CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO RELEASED CLAIMS WHICH  A PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH ANOTHER PARTY.
  8. Miscellaneous.
    • Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    • Amendment and Modification; Waiver. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by Company. No waiver by either party of any of the provisions hereof shall be effective unless expressly set forth in writing signed by the waiving party.
    • Severability. If any part of this Agreement is invalid, illegal, or unenforceable in any jurisdiction it shall not affect any other part of this Agreement or invalidate or render unenforceable such part in any other jurisdiction.
    • Governing Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction of the federal and state courts located in the County of Pinellas, Florida in any legal suit, action, or proceeding arising out of or related to this Agreement or any Submissions.
    • Entire Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.