Effective Date: September 1, 2020
Last Modified: January 1, 2022
I. Adults only.
We have placed this detail over and above all of our other terms because it is the most important (although it is also referenced below). The Ucamme.com platform is only open to consenting adults looking to express themselves in the form of streaming video and messaging. We have zero tolerance for any minors on the Ucamme.com platform, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being uploaded to our platform for any reason. Please be advised that we reserve the right to and do report each and every suspected minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is using the site, we strongly request and encourage you to report each and every user you encounter which you believe or suspect to be under the age of 18. All reports are reviewed as quickly as we can. If you are a minor, you must immediately leave this site now. You are not legally permitted on Ucamme for any reason, and if we find you on this site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever.
With respect to all other matters, as we operate an online platform and we are not in the business of producing, we only adopt what we feel are necessary to comply with law, community standards and for the safety of our members II. The platform The Platform (as defined below) is an online platform providing social networking capabilities including both a text and video chat service whereby individuals accessing the Platform (each a "Member") By entering and/or registering on the website you give your consent to and accept the following:
UcamMe.com is an online adult interactive website (including nude and non-nude erotic and sexual content). Therefore, its access by minors is prohibited. The access to UcamMe.com is not recommended to persons who might be sensible to adult entertainment, content; any eventual access of UcamMe.com by such persons will be their sole responsibility.
The adult entertainment provided on the website is rendered by female, male and transgender individuals over the age of 18 spread worldwide, who are commonly designated Models.
The Models chat and carry out live webcam shows, in front of their camera, for Members all over the world, who have selected them according to live streams, images, offline (teaser) and paid videos.
Member - The visitor who signs up to the services of the site.
Model/Performer - An adult entity older than age 18 or 21 in some region, who provides shows, chats or interacts with visitors of the site.
Token Balance - At UcamMe.com, Members have the opportunity of obtaining Tokens to pay for premium services, by purchasing packages. Payments are securely processed by our payment processors, and the purchased Tokens consequently appear on the Member's account as a balance.
Free Chat - An uninhibited option to interact with Models in a form of writing on-screen text messages.
Private Chat - In Private Chat, Members are permitted to write or even talk (voice communication) with models face-to-face. However, other Members have an option to enter Voyeur/Spy Chat and watch Models' performance.
Full Private Chat - In Full Private Chat, Members are permitted to write or even talk (voice communication) with Models face-to-face, in exclusion from all other Members and visitors.
Voyeur/Spy Chat - Allows Members to join ongoing Private Shows as a spectator.
Group Chat - Allows Members to participate in a group private chat with a model.
Gifts - virtual gifts that can be given by the Member to the Model.
III. INTRODUCTION AND DESCRIPTION OF THE SERVICE
1. When you access the Platform, you understand that you may see graphic depictions of nudity, exposed genitals and persons engaged in explicit sexual activity consisting of heterosexual, bi-sexual, homosexual and fetish activities, as well as sexual acts involving more than 2 individuals. By accessing and/or using the Platform, you expressly acknowledge that you wish to see such materials. By accessing the interactive video chat social networking platform located at Ucamme.com (collectively the "Platform") these terms and conditions (these "Terms") form the binding agreement between you ("you") and JDD Productions, LLC (the "Company") regarding your use of the Platform. If you do not agree to be bound by these Terms, you must immediately exit the Platform and not access the Platform again for any reason. There is no fee to access the Platform and view content to access some functions of the Platform, but Members will be required to create an Account (defined below).
IV. NO ACCESS FOR MINORS AND NO EXPLOITATION OF CHILDREN
1. This Platform is for Adults Only. In order to access and use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By accessing and/or using the Platform you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.
2. Law Enforcement Reporting. We reserve the right to and do report suspected violations of the Platform's minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and any and all law enforcement and other organizations we may feel appropriate, in our sole discretion. If you believe that a minor has accessed the Platform, you should immediately report it to us at email@example.com. For more information regarding this policy and our zero-tolerance stance on minors using or in any way appearing on the Platform, please contact us at firstname.lastname@example.org.
3. No Child Pornography. For the purpose of these Terms, "Child Pornography" includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Members are strictly prohibited from using the Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Platform that violates this provision or seems questionable, report it immediately to us at email@example.com. We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.
4. Section 230 of the Communications Decency Act. The Platform is a Member-driven interactive platform with content provided by Models, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Platform by Members. As such, we are not liable for content published by Members. As we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Members, to comply with applicable law, and the continued operation of the Platform.
V. YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
i. Shared Accounts. With respect to Accounts which have more than one age-verified user, the person in control of the Account is deemed to be the person whose email address is associated with the Account, unless there is payee information associated with the Account, in which case the payee is deemed to be the person in control of the Account. Material changes to Accounts may only be made at the request of the person deemed to be in control of the account.
2. Security of your Account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, including without limitation any unauthorized access to the Platform caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Platform and deactivation of your Account. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Platform. We highly encourage all Members to turn on two-factor authentication to ensure the security of their Account.
3. License to Access the Platform. You are granted a limited, non-exclusive license to access and use the Platform for your own personal enjoyment. You may not, download, reproduce, sell, rent, perform, or link to any content made available through the Platform, except as expressly permitted by the Member and/or Model, as appropriate, responsible for such content or otherwise as permitted by the rules of the Platform.
4. Solicitations. Although we do not control Model and other users' use of the Platform, you may not use the Platform to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Models and other Members are free to cam on other sites, you may not use the Platform to solicit any Member to utilize another product, site, or service that delivers live-streaming content.
5. Billing. Members may elect to put money on deposit with the Platform which will be converted to tokens which tokens may only be used through the Platform as the applicable Member elects, including for use to tip Models. By tipping tokens through the Platform, you agree that all token tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the other party for the other party's response regarding the complaint. You are prohibited from providing "tips" for the performance of specific acts. Requesting or demanding specific acts for tips may result in a ban from the Platform for all parties involved. Models are prohibited from requesting any type of off-Platform payments; provided, however, the Platform may, from time to time, permit Models to post links to wish lists. Members who determine to stream and/or upload video or photo content but have not provided age verification documentation (referred to herein as "Exhibitionists") are not Models and are not eligible to receive tips. Your chosen payment method will only be billed as you specifically request. Unless otherwise specifically provided in writing, you will not be billed for the same purchase on a recurring basis. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Members based upon a variety of factors including, without limitation, length of membership to the Platform, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms. Members may withdraw unused moneys on deposit with the Platform by contacting customer support, less amounts charged by third parties in connection with the initial and refund transactions.
6. Videos and Images Offered by Models. Models may create or otherwise make available video, photo, or other content containing content and intellectual property that they own or have a license to use ("Model Content"). In making available Model Content, you agree that once a Member acquires that content in the Member's Account on the Platform you have granted to that Member, and represent that you have the right to grant, a perpetual, irrevocable license to access and view such content through the Platform. With respect to any Model Content that you elect to acquire through the Platform you acknowledge and agree as follows: (i) that we are neither the creator nor source of the Model Content; (ii) that we simply offer a platform for Members to create and share Model Content with other Members; (iii) the Model who posted the applicable Model Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Model Content; (iv) your purchase or use of any Model Content is solely at your own risk; and (v) you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to Model Content. We have the absolute right to remove any Model Content that we believe, in our sole discretion, may violate any law or these Terms. In the event that you provide tokens to a Model in connection with obtaining Model Content, you agree that these tokens are provided as a gratuity notwithstanding any request from the applicable Model; and, you further understand that such tokens will not be refunded for any reason.
7. Profile Images and Banners by Member. Members can use tokens purchased to upload a profile image and banner to their account. Offensive and/or degrading images will not be accepted. All images and banners will be reviewed and approved by the Company Support team within 48 hours. Members grant permission and consent to the Company for the use of the profile and banner images for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content. Member understands that there shall be no payment for this release. Members understand that no royalty, fee, or other compensation shall become payable to the Member by reason of such use. Members understand that this authorization may never be revoked.
8. Private Shows. All members acknowledge and agree they are aware that all private shows are recorded by default and such recordings are provided to the applicable Member(s) who purchased such private shows; provided, however, that Models can disable this recording option at any time in account settings. Members acknowledge and agree that all recordings of private shows are considered Member Content and that upon delivery of the recording to the purchasing Member(s), such Member(s) will have acquired from the applicable Models a perpetual, irrevocable license to view and access such recording through the Platform.
9. Fan Clubs. Models’ have the ability to create and administer a fan club through the Platform provided that Models' account is in good standing and Company has not limited or removed the fan club functionality. Should a Model elect to start a fan club, the Models will choose a monthly fee that other Members must pay to be members of the Models' fan club. You understand and agree that in purchasing a membership to a models’ fan club, such purchase will automatically renew, and you will be automatically rebilled for such purchase, on a monthly basis until such time as you cancel such fan club membership. Updates and what, if anything, is included in any such membership will be in the sole control and determination of the applicable Model. For the avoidance of doubt, in the event that you are a Model and offer a fan club, you agree that you have the unrestricted right to offer and/or provide any content you may post to Members who join your fan club is subject in all respects to these Terms and our policies. In the event that one or more members of a models’ fan club request a refund from us, or institute a chargeback with our payment processor, we reserve the right to assess a chargeback fee to such Models’ Account and/or suspend the Models’ ability to maintain a fan club through the Platform. We reserve the right to rescind any Models’ permission to maintain a fan club for any or no reason at all.
11. On- or Off-Platform Interactions/Meetings. We do not recommend or condone any form of interaction between Members outside of the Platform and, as disclosed elsewhere in these Terms, your use of and interactions through the Platform are done at your own risk. Use of the Platform to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your Account to immediate termination. If you elect to legally interact with any Member outside of the Platform, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Platform. We cannot and will not intervene in any matters or disputes which take place outside of the Platform including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records. In the event that you determine to communicate with another Member outside of the Platform despite these cautions, you should, at a minimum, consider the following precautions:
i. Anyone who is able to commit identity theft can also falsify a user profile.
ii. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
iii. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
iv. If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting and meet in a public place with many people around.
v. All the money and gifts you send to other users, whether directly or indirectly, through the Platform or outside of the Platform, is done at your own risk. We will not intervene or become involved in any dispute between Members.
12. Your Privacy Rights. When you use the Platform, we collect and process certain personally identifiable and other data about you. Our use of this information is governed by our Privacy & Cookies Policy, which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and your rights regarding the same. Additionally, the Platform utilizes cookies and certain technology that tracks usage, performance and your geographic location which are more fully described in our Privacy & Cookies Policy.
i. By You. You may terminate your Account and/or any of your memberships at any time by contacting our customer support. You agree to be personally liable for any and all charges incurred by your Account, username, and password until terminated as provided herein. If you are a Model and determine to terminate your Account, any tokens remaining in your Account at the time of termination will be disbursed to the payment information on file for your Account on our next payout date. If you are not a Model and determine to terminate your Account with money on deposit in your Account for use as tokens, such amounts can be withdrawn by you subject to any third-party costs associated with processing your deposit and withdrawal. Upon our processing of your request to terminate your Account, you will no longer have access to the non-public areas of the Platform nor will you have access to any Member Content in your Account.
ii. By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
iii. Effect of Termination. You accept that when you cancel your Account you will be automatically locked out of the Platform, and will no longer be able to access your Account, including any and all Member Content. You also agree and accept that upon termination of your Account, we have no obligation to maintain or store any content, mail or other materials connected to or in your Account and that such information may be irretrievable.
14. Representations by Members
i You represent and warrant the following:
1. You are familiar with the laws in your area that may affect your legal right to access or transmit erotica or adult-oriented material and, by your accessing the site, you are representing and warranting that you are not prohibited by law from accessing or using the Platform or transmitting in any way any adult-oriented material.
2. You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
3. You are voluntarily choosing to proceed with your use of the Platform because you want to view, read, or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education.
4. You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to encounter through use of the Platform are within your community standards. Should the content you encounter through the Platform not meet your community standards, you will immediately cease use of the Platform.
5. You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material
6. You will not violate any civil or other rights of any other Member or any third party.
7. 7. Any content that you upload or stream will be your original work and not infringe the intellectual property rights of any third-party.
ii. You agree that:
1. You will follow all applicable laws governing your use of the Platform; and
2. You will not violate any provision of these Terms.
15. Member Indemnities. An indemnity is your obligation to cover us for certain losses, whether monetary or otherwise relating to or arising out of certain actions by you. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide the Platform. You hereby agree to indemnify us for any and all claims and losses, whether actual or threated, including without limitation, our reasonable attorneys' fees and costs, with respect to any claim relating to or arising out of your use of the Platform that violates these Terms or any applicable law. Again, if you do not agree to these Terms, you may not access or use the Platform and should immediately exit the Platform.
VI. CODE OF CONDUCT
This code of conduct (this "Code of Conduct") forms an essential part of the Term and Conditions of Service (the "Terms"). Any undefined terms in this Code of Conduct shall have the meaning given to them in the Terms. By using the Platform, you agree to abide by and be bound by this Code of Conduct. Any breach by you of this Code of Conduct is a material breach of the Terms and can result in your immediate account suspension or termination, a lifetime ban from the Platform and other potential civil and criminal legal action depending on the nature of your violation.
1. User Conduct
You agree that you will comply with the following:
i. You will follow all applicable laws when using the Platform and will not use the Platform for any unlawful purpose. This includes without limitation, any use that would subject us to criminal or civil liability.
ii. You will not allow anyone to have access to your username or password and will maintain the safety and security of your login information to prevent any unauthorized access. You will not attempt to, or actually use, any other Member's Account. You may not transfer your Account(s) to any other person.
iii. You agree to keep all information contained on or provided through the Platform as private and confidential and agree not give such information to anyone without the permission of the person who provided it to you.
iv. You will not record or otherwise capture any of the content shared and/or streamed by any other user of the Platform for any reason.
v. You will not use the Platform to infringe on any privacy right, property right, or other civil right of any person. Similarly, you will not use the Platform to illegally obtain, create or distribute unlawful copies of copyrighted material. This includes without limitation the posting or requesting of materials that either you or the party you are requesting them from, do not have any legal right to obtain.
vi. You will not use the Platform to publish or forward any chain letters, advertisements, spam, or any similar commercial message. You will not send unsolicited communications to any Member except as part of the normal chat service.
vii. vii. You will not take any action to mask your identity such as using fake or doctored profile information, faked headers or other mechanisms used to conceal the source of any communication.
viii. You will not appear in service uniforms including, by way of example only, military uniforms or religious attire.
ix. You will not use any automated (or semi-automated) means to unfairly enhance an account; such as creating a false impression of traffic to any chatroom, or artificially increasing follower count.
x. You will not create additional accounts in an attempt to circumvent a ban by us or another Member.
xi. You will not use the Platform to send or request any obscene materials, including without limitation, child pornography and any materials offensive to a person's dignity. You will not allow any person below the Age of Majority to appear in any Member Content or allow any such person to access or use the Platform.
xii. You will not use the Platform to obtain personal data or usage information, either by manual or automated means, and regardless of whether or not such data is aggregated and anonymized or identifiable. You may not use automated tools to collect data such as robots, crawlers or other data mining tools.
xiii. You will not attempt to defeat any security features of the site or reverse engineer any code or content. You will also not post any links to third party site, or introduce in any way to the Platform, any malicious code.
xiv. You will only use the Platform for your personal enjoyment. You will not commercially exploit, otherwise sell, reproduce in any manner, or link to (including framing the site in any other website or content regardless of whether proper attribution is given) any Member Content, communication made within the Platform or any portion of the Platform.
xvi. You will not reveal any personally identifiable information about any Member or request any such information.
xvii. You will not use the Platform to offer, discuss or arrange for prostitution, escort services or any other type of compensation for meeting type arrangement.
xviii. You may not exchange information with Members, including contact information, but Models MAY NOT use Members' information to provide webcam shows or receive payments outside of the Platform. If a Model sells something to a Member (such as the Models' underwear) or enters into any other transaction with a Member, the sale must be completed in exchange for tokens.
xix. You will not advertise commercial websites that offer live webcam streams, under any circumstances; but Members are allowed to mention their own personal profiles, homepages and wish lists.
xx. You will not make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, which defame, disparage, or in any way criticize the Platform or the Company.
1. Links to Other Sites. We may have links to other websites operated by independent third parties. These websites are not operated by us and we are not responsible for any content or links they provide. Our linking to any third-party sites is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such site. When you access a link to another site, you are leaving the Platform and accessing the third-party site at your own risk. Other sites are will have their own terms, privacy policies and procedures and may contain malicious or destructive code, viruses, malware and other tracking cookies. You should ensure that your device is adequately protected. WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR ACCESSING ANY THIRD PARTY LINKED SITES.
2. Proprietary Information. Elements of the Platform contain proprietary or confidential information that belongs to us. We assert full copyright protection in the Platform, including all of the design and code embodied therein. Any information shared or posted by us or by Members may be protected whether or not it is identified as proprietary to us or to the sharing Member. You will not modify, copy, or distribute any information on the Platform without the express written permission of the owner of such information and may not use any automated means to scrape, download or otherwise collect any data or content from the Platform including, without limitation, robots/bots, crawlers, or data mining tools.
3. Disclaimer of Warranties. The Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform by us or by any Member or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The site may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us at firstname.lastname@example.org.
4. LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY UNUSED PORTION OF THE VIRTUAL MONEY YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF VIRTUAL CURRENCY, OR IF YOU VOLUNTARILY CANCELLED YOUR ACCOUNT), OR THE SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
5. Complaints. To resolve or report a complaint regarding the Platform or other Members, send an email detailing your complaint to email@example.com. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
6. Choice of Law. You agree that these Terms are governed by the laws of the State of Colorado, without regard to its choice of law provisions.
7. Arbitration. You hereby agree that, if we become involved in any dispute relating to or arising out of your use of the Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at firstname.lastname@example.org. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Supplementary Procedures for Consumer-Related Disputes, and the Federal Arbitration Act. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment and fees for the arbitration are governed by the AAA rules. We will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled to be frivolous. Neither party will be entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the court has ruled that the other party's claim is frivolous. Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
8. Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.
9. Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.