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.
We will take reasonable measures to:
- not use video linked to your account information unless you choose to share it.
- anonymize any data we collect on usage and any video we collect.
- 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.
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 email@example.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
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.
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 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. 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.
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. 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.
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.
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.