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3. Materials and Restrictions. All materials on this Site, including but not limited to audio, images, software, text and video clips (collectively referred to as the "Content") are protected by copyright and/or trademark laws and international conventions. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site belonging to Creative or other corporations and third parties. By making them available on this Site, Creative is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one copy only of the Content to be used only by you for your non-commercial personal use unless the page or Content you are accessing states that you may not. If you download any Content, you may not remove any copyright or trademark notices or other notices that appear with it. You agree not to distribute or reproduce any of the Content downloaded by you.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Creative, its subsidiaries and affiliated companies anywhere in the world, in any medium, at any time. Furthermore, Creative, its subsidiaries and affiliated companies are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that Creative is not obligated to use any such ideas or materials and you have no rights to compel such use.
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9. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORESEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO $500. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE LAW.
13. General. Use of the Site and services to harm or exploit minors in any way is strictly prohibited. Users under the age of 16 should obtain parent's or guardian's permission before taking part in any activities on the Site. Creative reserves the right to cooperate with legal authorities or any injured third parties in the investigation of any alleged criminal or civil illegal activity. Making threats against others or encouraging bodily harm or destruction of property through the use of myLiveCam.com is strictly forbidden. Creative reserves the right to remove or disable user access, user-created profiles and video chat rooms that advocate or encourage expressions of violence, bigotry, racism, hatred, obscenity, profanity or other unauthorized activities. Obscene video streams, chat or other inappropriate content on myLiveCam.com are strictly prohibited. Impersonating a Creative employee or other person is strictly forbidden. Creative employees and agents will never ask you for your logon i.d., password, or credit card number. You should not reveal personal information about yourself or anyone else (for example home address and telephone number). You may not use any of our services to spam others. Spam includes sending many identical unsolicited messages to others, or sending messages to the chat room repeatedly. If Creative has reason to believe you may be spamming, your account will be disabled without notice. You shall not upload or transmit any material that may infringe on any copyright, trademark, patent, or any proprietary rights of Creative or any third party. You shall not access unauthorized accounts and services or attempt to logon to accounts which are not yours. You shall not collect or attempt to collect personal information of third parties without their knowledge or consent. Fraud, misrepresentation or misleading others is strictly prohibited. You acknowledge that Creative does not prescreen users in the video chat rooms and Creative has no control over the content or availability of video or discussions sent by users. Viewing video streams and participation in chat rooms using myLiveCam.com is undertaken at your own risk. The views expressed by users are not necessarily views of Creative. You shall not use our Site, network or services to transmit viruses or malicious programs.
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