Terms of Use

Last updated: August 19, 2016

Thank you for visiting MoeCams.com (the “Web Site”).

PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE AND ASSOCIATED SERVICES. By using this Web Site, you agree to this Terms and Conditions of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “Terms”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE “Site”) OF MoeCams (“MoeCams”) AND TOOLS AVAILABLE ON THIS SITE (THE “Services”) ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT MoeCams MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

Your Use of Our Web Site

Unless specified otherwise, your use of this Web Site is governed by this Terms and Conditions of Use Agreement and the MoeCams Privacy Policy, which is incorporated herein by this reference. In using this Web Site, you are prohibited from modifying, distributing, transmitting, reproducing, publishing, licensing, transferring, or selling any information, products or services obtained or viewed on this Web Site. However, you may display, download, or print hard copies of any material contained on this Web Site for your own personal, non-commercial use as long as you do not modify the content or delete any copyright, trademark, or other proprietary notice. Any other use of the information contained on this Web Site is prohibited without our express written consent.

This Site and the Services are intended for use by individuals looking for freelance projects and for companies or individuals seeking for outsourcing candidates for projects.

General Use Restrictions

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by MoeCams. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

MoeCams grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the MoeCams copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and MoeCams may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, MoeCams will require you to set up a member name and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by MoeCams from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by MoeCams at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform MoeCams immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Third Party Content

Third parties may provide certain information and content to MoeCams (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. MoeCams DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which MoeCams does not have control (“External Web Sites”). Such links do not constitute an endorsement by MoeCams of those External Web Sites. You acknowledge that MoeCams is providing these links to you only as a convenience, and further agree that MoeCams is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the Site is governed by the MoeCams Privacy Policy that is available at http://cams.malloferotica.com/privacy.html (the “Privacy Policy”).

Posts

You acknowledge that you are responsible for the information and material that you post to the Site (each a “Post”), and that you, and not MoeCams, will have full responsibility for each such Posts, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Posts provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that MoeCams shall be free to use or disseminate Posts on an unrestricted basis for any purpose. If you submit information to the Site, you grant MoeCams a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Posts. No information you submit shall be deemed confidential. However, MoeCams agrees to use your information in accordance with MoeCams’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO MoeCams. Notwithstanding the foregoing, you hereby assign to MoeCams all right, title and interest in and to any new feature that you may suggest or submit to MoeCams and you acknowledge and agree that MoeCams may use such suggestion or Posts in any manner, including, without limitation, to develop features for the Site.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of MoeCams or others used on this Site and in the Services are the property of MoeCams or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of MoeCams or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppels or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of MoeCams, Copyright © 2016, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You hereby agree to indemnify and hold MoeCams and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the content on this Web Site, or any content you submit, post, or transmit through this Web Site, your use of this Web Site, your connection to this Web site, your violation of this Terms and Conditions of Use Agreement, or your violation of any rights of another.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by MoeCams, and agree that MoeCams does not warrant the accuracy or timeliness of the Materials and further agree that MoeCams has no liability for any errors or omissions in the Materials, whether provided by MoeCams or its licensors.

MoeCams, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. MoeCams PROVIDES THE SERVICES “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.

Limitation of Liability

NEITHER MoeCams NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF MoeCams WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability of Our Web Site

This Web Site is generally available to users Twenty-four (24) hours per day, Seven (7) days per week, Three Hundred Sixty-five (365) days per year. However, MoeCams retains the right to make our Web Site unavailable at any time, for any reason, and for any length of time. By using this Web Site you agree that MoeCams will not be liable for any damage arising out of or related to any such interruption, suspension, or termination of this Web Site and/or the services or products contained therein. Upon acceptance of these terms and conditions of use MoeCams authorizes you to view the Content on the Web Site solely for your personal use. The material on the Web Site is intended solely for individuals enquiring about MoeCams products or services or project listings or other freelance resources. If you are not accessing the Web Site for such purposes, you may not use the Web Site. For certainty, use by non-individuals or the agents, attorneys or representatives of non-individuals is prohibited or other freelance website employees or other freelance website directors.

Copyright Agents

MoeCams respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:

Send the details to our email at webmaster@malloferotica.com

General Information

MoeCams controls and operates this Site from its headquarters in Canada and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than Canada. If you use this Site or the Services from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Manitoba law and controlling Canadian law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Winnipeg, Manitoba. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MoeCams to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MoeCams in writing. No joint venture, partnership, employment or agency relationship exists between you and MoeCams. These Terms comprise the entire agreement between you and MoeCams and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Questions?

If you have any questions regarding the Terms of Use please contact us via email at webmaster@malloferotica.com