Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Earth Cam. Member agrees to indemnify and hold harmless Earth Cam, its service providers, parents, subsidiaries, affiliates, officers, employees and agents from and against any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) from any claims, assertions, or suits brought by any third party arising from or in connection with Member's use of Earth Cam. Member further acknowledges that Earth Cam is not responsible or liable for any loss of Webcam Content or related data, nor is it required to return any Webcam Content or related data, upon or resulting from our suspension or deletion of Webcam Content, network or system outages, third-party failures of any kind, or any other reasons. The Terms of Service constitute the entire agreement between Member and Earth Cam and govern Member's use of Earth Cam, superceding any prior agreements between Member and Earth Cam.Member agrees not to access Earth Cam by any means other than through the interface that is provided by Earth Cam for use in accessing Earth Cam. We urge all Members to maintain backup versions of their Webcam Content to guard against losses of any kind. Member also may be subject to additional terms and conditions that may apply when Member uses affiliate services, third-party content or third-party software.All Members of Earth Cam must be at least 13 years of age to create an Earth Cam account and to access and view Earth Cam. If Member provides any information that is untrue, inaccurate, not current or incomplete, or Earth Cam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Earth Cam has the right to suspend or terminate Member's account and refuse any and all current or future use of Earth Cam (or any portion thereof).Earth Cam is concerned about the safety and privacy of all its users, particularly children.SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO MEMBER AND MEMBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Member and Earth Cam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen, New Jersey. Please report any violations of the Terms of Service to Earth Cam by submitting the Earth Cam Contact Us form.THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF EARTHCAM IS BORNE BY MEMBER.THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.interfere with or disrupt Earth Cam or servers or networks connected to Earth Cam, or disobey any requirements, procedures, policies or regulations of networks connected to Earth Cam; E. Member acknowledges that Earth Cam does not pre-screen Content. Any other person having access to the Internet may view such Webcam Content. Members should report any suspected instances of Earth Cam misuse by submitting the Earth Cam Contact Us form. EARTHCAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE EARTHCAM SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR GUARANTEE THAT MEMBER WILL BE ABLE TO USE EARTHCAM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION.EARTHCAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.