|
site
platform is entirely free, and the vast majority of all system usage
occurs in the free areas of
site
without any charge or obligation. For example,
site
assesses no fees or charges for access to the
site
Archive Explorer, free live guest videochat, bulletin boards,
profiles, and all other free members-only services. Optional premium
services are clearly marked, bear prominent and conspicuous
disclosures, and you must affirmatively agree to such premium
services before being charged. These include such services as the
live videochat interface to premium video-chat rooms, membership to
a video chathost's "fan club" (both of which may or may
not involve fees, subject to the discretion and control of the Video
Chathost), and the
site
"ClubVIP" or ClubElite premium packages (see below). All
premium services are offered directly under the control of
site,
are delivered solely through the webcamsmakemoney.com
website, and are not made available on any other website, domain
name, or internet service.
REFUND POLICY: site
does not typically provide cash refunds unless extraordinary
circumstances apply; we do, however, grant credits in the form of
free time and/or coupons for premium services. We also provide
discounts and/or credits in the event you experience technical
difficulties that you demonstrate to have made a sincere effort to
resolve.
site
adheres to a very liberal "Customer is always Right"
policy and will undertake almost any action necessary to ensure that
no customer ever has an unsatisfactory experience on the service.
Cash credits are therefore issued on a discretionary basis only.
This is a NO-REFUNDS policy. All sales are final. If you have
experienced dissatisfaction with
site,
please call our toll-free, 24-7, dedicated and fully-staffed
customer service center at 1-800-site
(also, 1-800-437-4363; overseas callers dial 001-561-656-0600)
CLUBVIP and CLUBELITE PACKAGES: At any time
during the life of a customer account, customer may elect to upgrade
to
site
"ClubVIP" or ClubElite premium programs. ClubVIP,
available on both a paid basis and a free basis (see below),
features twenty different benefits, enumerated at the internet
address https://orders.webpower.com/site/VIPbenefits.htm.
Customer may also elect level of ClubVIP or ClubElite status during
the registration process, or at any time thereafter, and may change
or cancel such status at any time, without further obligation.
ClubVIP is available as a paid package ($6.95 per month, see below),
or alternatively as a free package, subject to additional terms
& conditions. ClubElite is site'
most exclusive membership level, and represents a
"superset" package that includes all ClubVIP benefits plus
additional benefits available only to Elite members. (See https://orders.webpower.com/site/ELITEbenefits.htm).
For ClubElite members' ongoing convenience, and to ensure
uninterrupted VIP benefits throughout the life of the account, the
ClubElite Premium Package is a monthly plan and is priced at $9.95.
- TERMS OF SERVICE AGREEMENT AND RULES OF THE ROAD
- Internet Friends Network ("IFN")
provides its internet friends service ("IFN") to
you as a registered subscriber or authorized user
("Member" or "you"), subject to the
terms of this agreement and IFN's operating rules or the
"Rules of the Road" ("Rules"). Both of
these documents are binding agreements and we shall refer to
them collectively as "TOS". The TOS comprises the
entire agreement between IFN and you, superseding any prior
agreements between you and IFN with respect to its subject
matter. Additionally, you may be subject to additional terms
and conditions that may apply when you use affiliate
services (e.g., the International Areas), third-party
content, software, or services.
- IFN may change the TOS at any time, subject to
timely notice, posted publicly in a visible manner. You
agree to review the TOS periodically to be aware of such
changes. If any change is unacceptable to you, you may
terminate your membership as provided in
"Cancellation" below, or in Section 10 below. Your
continued use of IFN following the Effective Date of any
such change to the TOS constitutes acceptance of all such
changes.
- YOUR ACCOUNT INFORMATION
- You certify that YOU ARE AT LEAST EIGHTEEN (18)
YEARS OLD. You agree to provide IFN with accurate, complete,
and current registration information. Failure to do this
shall constitute a breach of this agreement and unauthorized
access to IFN. Unauthorized access to IFN could result in
immediate termination of your account and subject you to
civil and criminal liability. Unless you have prior written
authorization from IFN, you may not register for additional
accounts after such termination.
- Upon registering as a Member, you will choose a
password and a screen name/chat handle. You may not select
or use a screen name of another person (unless it is also
your name) a name in violation of a third party's property
rights, or a screen name that IFN deems offensive or
otherwise inappropriate. IFN owns all screen names and
licenses them to you. You expressly authorize IFN to use and
disclose your password, screen name/chat handle and/or
account information with and to third parties, to ensure the
protection of IFN's rights or property. Additionally, you
may not use your screen name in violation of the TOS or in
ways IFN deems inappropriate (e.g., sending or causing to be
sent mass e-mail solicitations). IFN reserves the right to
delete any such screen name or to request deletion.
- You are entirely liable for all activities
conducted through your account. A Member may not permit
another individual to use the Members account without direct
supervision by the Member.
- Members who have had their IFN membership
terminated may not access IFN without IFN's
prior express written (including e-mail) permission. Members
may not allow a former Member or other agent whose
membership has been terminated to use their account. For
additional information on re-registration and multiple
accounts, see Section 10 below.
- Cancellation Members may cancel their
account at any time by contacting IFN by any reasonable
method, including the following: Instant
Cancellation Form, email to cancel@
webcamsmakemoney.com.,
toll-free 24/7 telephone: 800-243-9726 (for overseas callers,
001-561-656-0500), or via postal mail: WebPower, Inc., 7765
Lake Worth Road, #341, Lake Worth, FL 33467. To ensure prompt
and effective cancellation, please provide your site
screenname and the first 13 digits of the credit-card number
used to establish your account.
CHARGES AND BILLING PRACTICES
- There is no fee for basic membership to IFN.
However, you may be subject to internet access charges as
required by your local or national Internet Service
Carrier/Provider. Certain fee-only video chathosts may set a
price and terms that govern and restrict access to their
respective videochat. Customers may avoid charges entirely
by choosing to limit their interactions with fee-only video
chathosts to a free guest-only videochat interface and to
avoid other fee-based areas of the service. However,
fee-based videochats in which you interact via the
text/video chat interface will incur charges to you at the
rate set by the Video Chathost. (Per-minute prices are
tabulated by the minute and rounded to the next whole
minute.) These fees are prominently disclosed to you prior
to your willing entrance into the fee-based video chat
interface. Users may also elect to join premium areas of the
service, such as "ClubVIP ", for a monthly fee of
$6.95 (see above). For billing inquiries, or to request a
detailed statement of your usage, e-mail "help@
webcamsmakemoney.com"
If IFN does not receive payment from the credit
card issuer or its agents for your usage of IFN, you agree
to pay all amounts due upon demand by IFN. Each time you use
IFN you agree and reaffirm that IFN is authorized to charge
your designated card. Your card issuer agreement governs
your use of your designated card in connection with IFN, and
you must refer to that agreement and not this TOS with
respect to your rights and liabilities as a card holder. You
agree that IFN may, at its option, accumulate charges
incurred during your billing cycle and submit them as one or
more aggregate charges during or at the end of each cycle.
This means that accumulated charges may appear on the statement
you receive from your bank or card issuer. Further, you
agree that IFN may delay obtaining authorization from your
card issuer until submission of the accumulated charges. You
acknowledge that if you want to see the components of
accumulated charges you may do so emailing "help@webcamsmakemoney.com"
If IFN does not receive the full amount of your
IFN account balance within thirty (30) days of the invoice
date, an additional 1.5% (or the highest amount allowed by
law, whichever is lower) per month late charge may be added
to your bill and immediately become due and payable. Member
shall be liable for all attorney and collection fees arising
from IFN's efforts to collect any unpaid balance of your
account(s). You agree to be billed for and to pay any
outstanding balance in the event of cancellation or
termination of your IFN account. Unless you notify IFN of
any discrepancies within thirty (30) days after they first
appear on your account statement, they will be deemed
acceptable by you for all purposes, including resolution of
inquiries made by your card issuer. You release IFN from all
liabilities and claims of loss resulting from any error or
discrepancy that is not reported to IFN within thirty (30)
days of its publication.
IFN RESERVES THE RIGHT, AT ANY TIME, TO CHANGE
ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF
SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS,
CONTENT, OR SERVICES PROVIDED BY IFN, ITS AFFILIATES, OR
ICPS. IFN MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT
SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, E-MAIL, OR
THROUGH THE U.S. MAIL TO THE ACCOUNT HOLDER. If any such
change is unacceptable to you, you may terminate your
membership as provided in Section 10 below. Your continued
use of IFN following the Effective Date shall constitute
your acceptance of such change.
You are responsible for all charges associated
with connecting to IFN. You agree that any charges incurred
to access the Internet, including but not necessarily
limited to telephone charges and access fees billed by your
Internet Service Provider, are entirely your responsibility.
Depending on your particular location and chosen Internet
Service Provider, you may be subject to long distance
charges and/or other communication surcharges, which are
your responsibility. You acknowledge that if you want to see
the detailed components of accumulated charges, you may do
so by sending email to "help@webcamsmakemoney.com"
RIGHTS AND RESPONSIBILITIES
- CONTENT.
You acknowledge that: (i) IFN contains information,
communications, software, photos, videos, graphics, music,
sounds, and other material and services (collectively
"Content"); (ii) Such Content is provided under
license by Independent Providers of Content ("ICPs"),
other Members, IFN and its affiliates; and (iii) At minimum,
IFN owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. Each Member
and any user of Members account must evaluate, and bear the
risk associated with any reliance on the accuracy,
completeness or usefulness of any Content. IFN does not
pre-screen Content as a matter of policy: however IFN, its
affiliates, and ICPs shall have the right, but not the
responsibility, to remove Content that they deem harmful,
offensive or otherwise in violation of the TOS. Accordingly,
you acknowledge that neither IFN, its affiliates, nor any
ICP shall assume or have any liability for any action or
inaction by IFN or its affiliates, or any ICP, with respect
to Content, or Content changes within, IFN.
- PROPRIETARY RIGHTS.
You acknowledge the following: (i) IFN permits access to
Content that is protected by copyrights, trademarks, and
other intellectual and proprietary rights
("Rights"); (ii) These Rights are valid and
protected in all media and technologies existing now or
later developed; and (iii)Except as explicitly provided
otherwise, the TOS, applicable copyright and other laws
govern your use of Content (see the Rules, Section D, for
details). You agree that you may upload to the software
files, message boards, or otherwise transmit on or through
IFN only Content that (1) is not subject to any Rights, or
(2) any holder of Rights has given express authorization for
distribution on IFN. You represent that if you upload any
files, you have the legal authorization to do so. You agree
that IFN may employ virus-checking technology to protect its
system and its members from viruses. By submitting Content
to any "public area" of IFN (e.g., message boards,
forums, the Member Directory), you grant IFN and its
affiliates the royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the
public, perform and display the Content (in whole or in
part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or later developed,
for the full term of any rights that may exist in such
Content. You also warrant that the holder of any Rights,
including moral rights in such Content, has completely and
effectively waived all such Rights and validly and
irrevocably granted to you the right to grant the license
stated above. You also permit any Member and authorized user
to access, display, view, store and reproduce the Content
for personal use. Subject to the foregoing, the owner of
Content placed on IFN retains any and all Rights that may
exist in such Content.
- CONDUCT AND COMMUNICATION
You acknowledge that IFN may contain material that may be
inappropriate for minors. You recognize that communication
over IFN often occurs in real time or is posted on one of
IFNs message boards or chatrooms. You acknowledge that IFN
cannot, and does not intend to, screen communication in
advance for accuracy or conformance to the TOS or any laws.
However, IFN may elect, at its sole discretion, to monitor
some, all, or none of IFNs public areas for adherence to the
TOS. Accordingly, you acknowledge that neither IFN, its
affiliates, nor any ICP shall assume or have any liability
for any action or inaction by IFN, its affiliates, or any
ICP with respect to Content on IFN. Any conduct by a Member
that in IFN's sole discretion restricts or inhibits any
other Member, person or entity from using or enjoying IFN or
another service shall entitle IFN to immediately terminate
membership without notice. You agree to use IFN only for
lawful purposes. You may not use, or allow others to use,
your IFN account, either directly or indirectly, to: (1)
post, transmit, or promote any unlawful, harmful,
threatening, abusive, harassing, defamatory, obscene,
hateful, racially, ethnically or otherwise objectionable
Content; (2) harass, threaten, embarrass, or cause distress,
unwanted attention or discomfort upon another Member or user
of IFN or other person or entity; (3) post, transmit,
promote, link, or facilitate the distribution of content
that may generally be considered obscene, including, but not
necessarily limited to, bestiality, urination/defecation,
fisting, incest, extreme sado-masochism or bondage presented
in a sexual context, or any presentation of minors engaged
in intimate physical contact or sexual situations, acted or
depicted. (4) disrupt the normal flow of dialogue in a
chatroom or on a message board or otherwise act in a manner
that negatively affects other Members, users, individuals or
entities, such as causing the screen to "scroll"
faster than other Members or users are able to type to it or
any action to a similar disruptive effect; (5) impersonate
any person or entity, including, but not limited to, an IFN
official, an ICP, forum leader, guide or host, or
communicate under a false name or a name that you are not
entitled or authorized to use, or impersonate a minor; (6)
post or transmit, or cause to be posted or transmitted,
chain letters or pyramid schemes; (7) post or transmit, or
cause to be posted or transmitted, any unsolicited
advertising, promotional materials, or other forms of
solicitation to other Members, individuals or entities
(although Contributors may use the site
E-mail System to advertise current or upcoming sessions to their
previous viewers who have not requested to be removed from their
mailing lists), or collect or harvest screen names of other
Members, without permission; (8) post or transmit, or cause to
be posted or transmitted, any communication or solicitation
designed or intended to obtain password, account, or private
financial information from any Member; (9) violate any operating
rules, policies or guidelines of any other interactive service,
including, but not limited to, the operating policies of the
International Areas; or (10) intentionally or unintentionally
violate any applicable local, state, national, international or
foreign law, including, but not limited to, any rules or
regulations having the force of law. Please see the Rules for
additional examples of prohibited conduct. IFN reserves the
right to protect its Members and IFN from offensive e-mail
communication, including, but not limited to, the right to block
mass e-mail solicitations, or "junk e-mail." You also
agree and accept that as new products become available on or
through IFN, your use of these products is subject to TOS. In
addition to Content and services provided by ICPs, IFN, and its
affiliates, others may offer Content, software or other services
to Members with their own terms and conditions relating to your
use. Failure to abide by these terms and conditions may result
in termination of membership. Furthermore, other such networks,
including Internet areas, may subject Members to their own usage
policies.
PRIVACY POLICY
- INTRODUCTION
- General. The following presents important
information relating to
site'
comprehensive Privacy
Policy. Because protecting your privacy is very
important to IFN, we have established a privacy policy that
safeguards your personal information, and are committed to
protecting its confidentiality. We will limit the collection
and use of personal information, or Individual Information
(as defined herein), to what is necessary to administer our
business, provide you with the highest quality service, and
offer you opportunities we think will be of interest. We
will NOT disclose any Individual Information unless we
believe that such action is necessary to comply with
applicable law or valid legal process (including without
limitation search warrants, court orders, or providing
assistance to law-enforcement authorities investigating the
alleged commission of a crime), or if the disclosure of
Individual Information to a credit-card bank may help us
prove the legitimacy of a credit-card charge or bill. We
actively participate in industry associations and community
groups to support strong and effective privacy guidelines
and practices in the interactive environment.
Types of Individual Information. Individual
Information is any information, data or records that
relate to your IFN membership or use of IFN and identifies
you or your individual Member account. The three types of
Individual Information are; (1) "identity and billing
information," including without limitation your name,
street address, telephone number, billing information, and
any account information associated with your screen names;
(2) "navigational and transactional
information," including without limitation
information about where you go or what you buy through IFN;
(3) "private communications," including without
limitation the contents of e-mail, or private chat room
communications.
MEMBER IDENTITY AND BILLING INFORMATION.
- Collection and Storage. We maintain various
types of identity and billing information, including
without limitation, your name, street address, telephone
number(s), length of membership, and payment
information. We may also keep information on your
communications with our Customer Service department and
chathosts, and general account history, such as
accumulated usage credits or written complaints relating
to your account. We safeguard Individual Information
from unauthorized access and only authorized employees
or agents who need to carry out legitimate business
functions are permitted access to Members Individual
Information. Employees who violate IFNs privacy policies
are subject to disciplinary actions, including
termination when appropriate. We may use agents, who are
bound by strict confidentiality guidelines, to perform
storage, processing, and other limited functions on IFNs
behalf.
- Use. We use identity and billing information
to administer our business, ensure that you are properly
billed and offer you opportunities (e.g. pop-ups or
e-mail) that may be of interest.
- Disclosure. Our policy is not to disclose
identity and billing information to third parties,
unless required to do so by
applicable law or valid legal process (including without
limitation search warrants, court orders or providing
assistance to law-enforcement authorities investigating
the alleged commission of a crime). IFN, at its sole
discretion, reserves the right to make exceptions to
this policy in extraordinary circumstances (including
without limitation a bomb or suicide threat, or
instances of suspected illegal activity) on a
case-by-case basis. When feasible, we do allow our
Members to access and verify their Member Identity and
Billing Information. We also allow our Members to
request corrections to this Information. IFN intends to
abide by applicable laws governing the disclosure to
governmental entities of Individual Information and
other records. If we are under a legal obligation to
disclose Individual Information to a private citizen or
entity, we may make efforts under the circumstances to
notify the affected Member(s) in advance of releasing it
in order to provide the Member(s) an opportunity to
pursue any available legal protection.
- Compelling Obligation. Although WebPower/IFN
will take reasonable measures not to disclose
information about you or the contents of your
communications, we may be compelled to do so in the good
faith belief that such action is reasonably necessary
(a) to comply with the law; (b) to comply with legal
process; (c) to enforce IFN’s terms and conditions;
(d) to respond to claims that any content violates the
rights of third parties; or (e) to protect the interests
of WebPower/IFN or others.
NAVIGATIONAL AND TRANSACTIONAL INFORMATION.
- Collection. We may collect and store certain
navigational and transactional information, such as data
on the choices you make from the range of available services,
and the times and ways you use IFN.
- Use. IFN uses navigational and transactional
information to personalize IFN and for programming and
editorial research. For example, we may use this
information to understand our Members reactions to menu
items, Content, and services offered through IFN and to
customize IFN based on our Members interests.
- Disclosure. IFN will not disclose to third
parties navigational or transactional information (e.g.
what you view through IFN), except to comply with
applicable law or valid legal process (including without
limitation search warrant, court order, or providing
assistance to law-enforcement authorities investigating
the alleged commission of a crime).
PRIVATE COMMUNICATIONS
- Collection and Storage. The IFN computer
system does record and retain all chat room
communications. However, to keep copies of any
communications, you should store them on your personal
computer hard drive or in print form. You agree that IFN
may employ e-mail virus-checking technology to protect
its system and its members from viruses.
- Use. IFN treats private communications on or
through IFN as strictly confidential. IFN does not
access, use or disclose the contents of private
communications, except in limited circumstances as
specifically provided herein. You acknowledge that
private communications directed at a person or entity,
including IFN, may be used or disclosed by the intended
recipient(s) without restrictions relating to privacy or
confidentiality.
- Disclosure. IFN does not access or disclose
the contents of private communications (e.g. e-mail,
Member-created private rooms, online communications),
unless it in good faith believes that such action is
necessary (1) to comply with applicable law or valid
legal process (including without limitation search
warrants, court orders or providing assistance to
law-enforcement authorities investigating the alleged
commission of a crime); (2) to protect the rights or
property of IFN; or (3) in emergencies when IFN believes
that physical safety is at risk. IFN reserves the right
to treat as public any private chat room whose directory
or room name is published or becomes generally known or
available.
INTERNATIONAL CONTENT IFN INTERNATIONAL AREAS.
You acknowledge that your use of IFN allows access to content
originating from IFN and its affiliates, other Members and users
of IFN, ICPs, as well as other third parties which may originate
from countries other than the United States ("International
Content"). Your access to and use of the International
Areas and International Content will be governed (in addition to
the TOS) by separate terms and operating policies and applicable
national laws and customs.
IFN SOFTWARE LICENSES IFN grants to you a
non-exclusive, limited license to use IFN software to transmit
your personal video signal to IFN from authorized locations in
accordance with this agreement. This license is subject to the
restriction that, except where expressly permitted by law, you
may not translate, reverse-engineer or reverse-compile or
decompile, disassemble or make derivative works from, IFN
software. You may not modify IFN software or use it in any way
not expressly authorized in these Rules. You agree and accept
that IFNs introduction of various technologies may not be
consistent across all platforms (e.g. Macintosh).
WARRANTY MEMBER EXPRESSLY AGREES THAT THE USE OF IFN
AND IFN SOFTWARE ARE AT MEMBERS SOLE RISK. IFN, IFN SOFTWARE,
AND IFN PRODUCTS ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. IFN PROVIDES THE IFN SERVICE ON
A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT
MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION
OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR
THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. IFNS ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF IFN,
IFN SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY
IFN SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, IFNS LIABILITY SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW. IFN DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH IFN,
EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION Upon IFNs request, Member agrees to
defend, indemnify and hold harmless IFN, its affiliated
companies, its employees, contractors, officers, directors,
telecommunications providers, ICPs from all liabilities, claims
and expenses, including attorneys fees, that arise from breach
of the TOS by use of, or in connection with, the transmission of
any Content on IFN or the Internet by or through Members
accounts. IFN reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by Member hereunder. In such event,
Member shall have no further obligation to provide
indemnification for such matter.
TERMINATION
- Either you or IFN may terminate your membership
at any time. This is your sole right and remedy with respect
to any dissatisfaction with IFN, including, but not limited
to, (1) any TOS term, policy or practice of IFN in operating
IFN, (2) Content available through IFN or change therein, or
(3) any amount or type of fees, surcharges, billing methods,
or change therein. You can terminate your membership by
delivering notice to IFN's Customer Service Department by
any reasonable method, including the following: Instant
Cancellation Form, email to cancel@
webcamsmakemoney.com.,
toll-free 24/7 telephone: 800-243-9726 (for overseas callers,
001-561-656-0500), or via postal mail: WebPower, Inc., 7765
Lake Worth Road, #341, Lake Worth, FL 33467. To ensure
effective cancellation, please provide your site
screenname and the first 13 digits of the credit-card number
used to establish your account. Your termination will take
effect immediately upon IFN's receipt of your adequate notice as
described above.
In the event that your account is terminated or
canceled, no refund, including any membership fees, will be
granted; no online time or other credits will be credited to
you or can be converted to cash or other form of
reimbursement. Active IFN Members may not allow former Members
or other agents whose memberships have been terminated to use
their accounts. Any delinquent or unpaid accounts or accounts
with unresolved issues with the Customer Service department or
other IFN departments must be concluded before you may
re-register with IFN. Members using multiple accounts without
prior express written permission from IFN shall have their
membership terminated.
LAW
- To the extent any conflict between this agreement
and the Rules exists, this agreement shall take precedence.
If any part of the TOS is held invalid or unenforceable,
that portion shall be construed consistent with applicable
law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions remain
in full force and effect. The laws of the State of Florida
govern the TOS and your membership. As noted above, Member
conduct may be subject to other local, state, and national
laws. Member expressly agrees that exclusive jurisdiction
for any claim or dispute resides in the courts of the State
of Florida. Member further agrees and expressly consents to
the exercise of personal jurisdiction in the State of
Florida in connection with any dispute or claim involving
IFN.
- You agree to abide by U.S. and other applicable
export control laws and not to transfer, by electronic
transmission or otherwise, any Content or software subject
to restrictions under such laws to a national destination
prohibited under such laws, without first obtaining, and
then complying with, any requisite government authorization.
You further agree not to upload to IFN any data or software
that cannot be exported without prior written government
authorization, including, but not limited to, certain types
of encryption software. This assurance and commitment shall
survive termination of this agreement. Control laws also
prohibit nationals of Cuba, Iran<, Iraq, Libya, North
Korea, Sudan and Syria from gaining access to certain
Content on IFN.
LEGAL NOTICES Under California Civil Code Section
1789.3, California Members are entitled to the following
specific consumer rights information: (consumers residing in
other states may also be entitled by statute to the following
information)
- Pricing Information. There is no fee for basic
membership to IFN. However, you may be subject to internet
access charges as required by your local or national
Internet Service Carrier/Provider. Certain fee-only video
chathosts may set a price and terms that govern and restrict
access to their respective videochat. Customers may avoid
charges entirely by choosing to limit their interactions
with fee-only video chathosts to a free guest-only videochat
interface and to avoid other fee-based areas of the service.
However, fee-based videochats in which you interact via the
text/video chat interface will incur charges to you at the
rate set by the Video Chathost. (Per-minute prices are
tabulated by the minute and rounded to the next whole
minute.) These fees are prominently disclosed to you prior
to your willing entrance into the fee-based video chat
interface. Users may also elect to join premium areas of the
service, such as "ClubVIP", for a monthly fee of
$6.95 (see above). For billing inquiries, or to request a
detailed statement of your usage, e-mail "help@
webcamsmakemoney.com".
For billing questions, please e-mail "help@webcamsmakemoney.com".
IFN reserves the right to change fees, surcharges, membership
fees or to institute new fees at any time upon with prior
written notice, as posted in highly-visible public areas of the
IFN website, as provided for in the Terms of Service at Section
3.
Complaints. The Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at 1-916-445-1254.
- "TOS" = The Terms of Service and
the Rules of the Road, collectively
- "IFN" or “we” = The Internet
Friends Network service or WebPower, Inc.
- "Member" or "you" = A
registered subscriber or authorized user of IFN
- "Rules" = Rules of the Road
- "Effective Date" = The date that
the TOS change is posted in the Terms of Service area
- "Content" = Information,
communications, software, photos, video, graphics, music,
audio and text and other materials and services,
collectively
- "ICPs" = Independent providers of
Content, including without limitation, Video Chathosts
- "Rights" = Copyrights, trademarks,
and other intellectual and proprietary rights
- "Public Areas" = Areas on IFN that
are freely open to all Members, including, but not limited
to, public chat rooms, online forums, message boards, and
software libraries.
- "International Content"= Content
originating from IFN and its affiliates, other Members and
users of IFN, ICPs, as well as other third parties which may
originate from countries other than the United States
- "Individual Information" = Any
information, data or records that relate to your IFN
membership or use of IFN and identifies you or your
individual Member account
- "International Areas" = Areas
within IFN containing International Content
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