Terms of Service
SimilarCams provides service to you, subject to the following Terms of Service (“TOS”), which may be updated and revised from time to time without notice. You are encouraged to check back frequently, as our Terms of Service may change.
Description of Service
SimilarCams currently provides users with access to a collection of resources, including, a directory of the internet’s websites (the "Service"). You understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the Service may include certain communications from SimilarCams, such as service announcements, administrative messages, and the SimilarCams newsletter, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new SimilarCams features and services, shall be subject to the Terms of Service. Please be aware that SimilarCams has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
You agree to indemnify and hold SimilarCams, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use
You acknowledge that SimilarCams may establish general practices and limits concerning use of the Service. You agree that SimilarCams has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that SimilarCams reserves the right to block users that violate our TOS. You further acknowledge that SimilarCams reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
SimilarCams reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SimilarCams shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service provides links to other World Wide Web sites or sources. Because SimilarCams has no control over such sites and resources, you acknowledge and agree that SimilarCams is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SimilarCams shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
SimilarCams Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SimilarCams or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TopChats EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SIMILARCAMS MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TopChats OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMILARCAMS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Service provides notice of changes to the TOS or other matters by displaying notices or links to you on the Service.
SimilarCams trademarks and service marks, and other SimilarCams logos and product and service names (“SimilarCams Marks”) are trademarks of SimilarCams. Without SimilarCams prior permission, you agree not to display or use in any manner, the SimilarCams Marks.
The Terms of Service constitute the entire agreement between you and SimilarCams, superseding any other agreements between you and SimilarCams. The TOS and the relationship between you and SimilarCams shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SimilarCams agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of SimilarCams to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.