These terms of service (” Terms “) are a legally binding agreement between Best-web-cams.com Ltd (” Company “, ” we “, ” us “, or ” our “), and you, a user of our comparison-based website (” user ”or“ you ”). When you access and use our Services (as defined below), these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.
By accessing or using the website or Service you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree to the Terms please do not use the Service and access the website in any manner.
We respect our users’ privacy rights and thus, handle and store our user’s data solely for the purpose of providing and enabling the Service. Please review our Privacy Policy prior to using the Service or accessing the website.
ELIGIBILITY
In order to use our Services, you must be at least 18 years old, and of legal competence to enter into these Terms. Note that, some of our websites are intended solely for individuals above the age of 21 as will be indicated in the applicable website so please make sure you are of the applicable legal age. You further warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering into any agreement; you have all proper authorization to enter into these Terms.
AMENDMENTS
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Revised” below. Your continued use of the Service following such amendments constitutes your acknowledgment and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication (within our website or by email, at our sole discretion).
THE SERVICE
We provide reviews, articles, tips, ratings, scores, etc. (” Content “) related to products and services of our third parties’ business partners, through our review-based and comparison- based website (” Service”). We provide you with the Service at no cost however you should note that there are third party business partners who provide the services / products / offers displayed on our website are paying us referral fees whenever you are directed to their website or otherwise engage with them. The Content is created either by us or by our partners (including without limitations our third-party business partners mentioned above), other users and professional content providers, all which is made available through the website to facilitate your process of comparing between certain services and offers. Please note that, the service provider’s offers and third-party services displayed in the website, might include additional terms and specifically, any “free” offer or free trial. Please be sure to carefully review the additional terms prior to your participation in, registration to or purchase of any third party’s services. We are not responsible for any such terms, and in addition, these terms might be revised or updated ant any time by the applicable service provider so the offer in our website might not be the most updated offer.
Please note, our reviews of third-party services are based on our experience with such services or based on input from other parties and other research which we may perform and you may find it objectionable.
Furthermore – you should note that we do not review nor rank and score all similar products, services or offers available in the market.
HOW WE RATE, RANK & SCORE THE THIRD-PARTY SERVICES?
The rating, ranking or scoring on our website (in the event provided by us) are a combination of a few factors, including the referral fees we receive from our third parties’ business partners and our earning per click (meaning our fees per each of your actions with our business partners). We further may consider our subjective experience and reviews, users’ review and recommendations, etc. For more information on this topic, please review this guide: How We Evaluate and Classify Third Party Services page .
REPRESENTATION AND WARRANTIES:
You hereby represent and warrants, as follows: (i) you will not commit any act which brings the Company into public disrepute, or which might harm the Company; (iii) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party platforms; (iv) You shall not, nor agree, authorize or encourage any third party to: (1) use the Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the website and Service or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, disassemble the Service; (4) remove, deface, obscure, or alter the website and Services or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Service; (5) use the website and Services for benchmarking purposes; (6) use the Service to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the website and Content; (8) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Services or the Content; (9) use, access or attempt to access the Service with any automated means (including robots, scrapers, etc.); (10) extract, collect or store personal data about other users without their express permission; and (11) use Company’s name, logo or trademarks without Company’s prior written consent; (12) otherwise use the website, Services or the Content in any unlawful manner or in breach of these Terms;
THIRD PARTY SERVICES
The Content includes links to our business partners’ (i.e. the service provider offering the applicable product or service) websites which are not owned or operated by us. By entering these websites or engaging with such service provider, you will be subject to their terms of services and privacy policies, thus we recommend you to carefully review the applicable terms and privacy policies, verify their practices and restrictions. You acknowledge and agree that: (i) we have no control over the service provider website or the third party services, and we are not obligated to monitor any Content provided therein, you may not consider the display of such Content as endorsed, supported, encouraged, recommended or promoted by the Company; and (ii) we are not responsible or liable, directly or indirectly, for the accuracy of the Content provided therein or any loss or damage incurred as a result of your use of or reliance on any service provider website or the third party services available and provided therein. Any use of the third-party services is made through a direct engagement between you and the applicable service provider which we are not a part of, and governed by the service provider’s terms of use.
DISCLAIMER OF WARRANTIES
Except as provided herein, the Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content as well as the service provider websites and third party services. You agree that Company will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or use of the third-party services. We make no representation or warranties that the Services are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
INTELLECTUAL PROPERTY
The Services and Content are owned and licensed to the Company, its licensors, vendors, partners or affiliates or other third parties, including any trade names, trademarks etc. Except as explicitly provided herein, no license, right, title or interest shall be licensed to you, and we are reserved any and all rights, title and ownership of the Service, website and Content. You shall not use Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms. The Company retains all right, title ownership and interest in and to the Protected Content to the fullest extent possible under applicable law.
LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED $100 US.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
TERMINATION
You can terminate these Terms and the use of the Services at any time. If you wish to terminate your use of the Services, you may do so simply by ceasing your use. We may terminate these Terms and to stop you from using all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
DISPUTE RESOLUTION
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolved in such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the “AAA” (i.e., the American Arbitration Association). You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
MISCELLANEOUS
These Terms, constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. User’s relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
CONTACT US
If you have any questions about these terms, or wish to report violators of these Terms contact us at:
Best-web-cams.com Ltd.
You can also contact us via email at: support@best-web-cams.com
[Last Revised: September 25, 2020]