Hey, this is Camsea! We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. By using the Services, you agree to the Terms.
The Platform and the Services are owned and operated by Mitu Inc Limited (“Camsea,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits
Arbitration notice: we want to let you know upfront that these terms contain an arbitration clause later on. Except for certain types of disputes mentioned in that arbitration clause, you and Camsea agree that disputes between us will be resolved by mandatory binding arbitration, and you and Camsea waive any right to participate in a class-action lawsuit or class-wide arbitration.
1. Who Can Use the Services
1.1. No one under 18 or the legal majority of the jurisdiction of one’s residency is allowed to create an account or use our Service. We may offer additional services with additional terms that may require you to be even older to use them. So please read all terms carefully.
1.2. By using the Services, you state that:
1.2.1. You can form a binding contract with Camsea;
1.2.2. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
1.2.3. You are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity if you are using the Services on behalf of a business or some other entities
You hereby warrant that you are at least 18 years old or possess the legal majority of the jurisdiction of your residency. In the event that the information you provide in this regard is not truthful or accurate, Camsea shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or the Service. If you are under the age of 18, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.
2. Rights We Grant You
Camsea grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the software's source code, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with, and you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.
For all Services, you grant Camsea a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Camsea is inherently public and chronicles matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Camsea or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Camsea and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Camsea content that you upload or send. This means, among other things, that you will not be entitled to any compensation from Camsea or our business partners if your name, likeness or Camsea.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration of Camsea letting you access and use the Services, you agree that Camsea, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use the information and ideas you’ve provided without compensating you.
4. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Camsea reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms, we make clear that we do not want the Services put to malicious use. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms. We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Camsea user will be at your own risk.
5. User-Generated Content
5.1. Camsea may provide you with the ability to submit User-Generated Content to the Platform. By submitting User-Generated Content to the Platform, you grant Camsea a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Platform and any purpose related thereto, including without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User-Generated Content. These purposes may include but are not limited to providing you or third parties with the Platform or its associated products and Services and archiving or making backups of the Platform. You agree to waive all rights in and to your User-Generated Content worldwide, whether you have or have not asserted rights in or to your User-Generated Content. By submitting User-Generated Content to the Platform, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.
5.2. You warrant that any User-Generated Content that you submit to the Platform will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that Camsea is not responsible or liable for User-Generated Content.
5.3. You agree to indemnify and hold Camsea harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with Camsea’s use and exploitation of your User Generated Content resulting from your breach of these terms and conditions. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against Camsea or Camsea’s licensees, distributors, agents, representatives, and other authorized users and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
5.4. Camsea reserves the right to monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User-Generated Content conforms to these Terms, without prior notice to you. Camsea may terminate your account and access to the Platform if your User Generated Content violates these terms and conditions, including unlawful postings or content, without prior notice. Camsea is not responsible for and does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users.
5.6. Camsea reserves the right but has no obligation to report to law enforcement any Personal Information or User-Generated Content at any time and for whatever reason, at its sole and absolute discretion.
7. Respecting Other People's Rights
Camsea respects the rights of others. And so should you. You, therefore, may not upload, send, or store content that:
- violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
- bullies, harasses, or intimidates;
- defames; or spams or solicits Camsea's users;
- is inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Camsea in its sole discretion;
- introduces viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code, - is reverse look-up or trace any information of any other User or visitor or otherwise use the Services for the purpose of obtaining information of any User or visitor;
- attempts to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means;
- uses any "deep-link", "page-scrape", "robot", "spider," or other automatic devices, programs, algorithms, or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any data or materials contained therein or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the System;
- asks or offers sexually explicit images or engages in any activity harmful to minors or otherwise violates these terms.
You must also respect Camsea's rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else to do so.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by Camsea users, such as content that violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to :
- satisfy any applicable law, regulation, legal process, or governmental request;
- enforce these Terms of Service, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security, or technical issues;
- respond to member support requests, or protect our rights, property, or safety, and that of our users and the public.
We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.
You understand that by using or accessing the App or the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damages of any kind incurred as a result of the use of any Camsea content or content posted by users which are posted, emailed, transmitted or otherwise made available on the App or through the Service.
8. Violation of Others’ Rights
You agree to only upload, post, submit, or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third parties (including, without limitation, copyright, trademark, patent, trade secrets, or other intellectual property rights, or moral right or right of publicity). Camsea respects the legal rights of others and asks that its users to do the same.
Digital Millennium Copyright Act:
Camsea honors the requirements set forth in the Digital Millennium Copyright Act (DMCA). We, therefore, take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Camsea becomes aware that one of its users has repeatedly infringed others’ copyrights, we will take reasonable steps within our power to terminate the user's account.
If you file a notice with our Copyright Agent, you must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Misappropriation of one’s Name or Likeness:
You can only register an account for yourself and individuals and entities who have granted you written consent and authorization to register an account on their behalf. Creating and registering an account without another’s written consent and authorization is strictly prohibited, and accounts created under such a condition will be deactivated and terminated immediately without a chance to be retrieved.
We try hard to keep our Services a safe place for all users, and we kindly require you to do the same. Therefore, by using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited by law or these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
- You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user's account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
10. Your Account
You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.
By using the Services, you agree that in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Camsea account without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
11. Purchases and Payments
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead, you buy enough app gems to use them. You'll always be shown the service price before you purchase. But Camsea does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT Camsea IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
If your Camsea account remains inactive for 3 consecutive months, all of your free virtual Coins may be frozen. To unfreeze any such virtual Coins, you must email us and request that we unfreeze your free virtual Coins. Upon receipt of your request and review of your information, we will unfreeze your free virtual Coins as soon as possible. You agree that we have the absolute right to manage, distribute, regulate, control, modify, or eliminate Coins as we see fit in our sole discretion, and that we will have no liability for exercising such right.
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
Camsea does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.
Camsea offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Camsea. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the Camsea app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Camsea application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Camsea or deleting the Camsea application from your device does not cancel your subscription; Camsea will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Camsea. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
12. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
13. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Camsea is not responsible or liable for those third party's terms or actions taken under the third party's terms.
14. Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
Camsea may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.
Both you and Camsea continue to be bound by Sections 3, 6, 10, 13-21 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Camsea, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
The services are provided "as is" and "as available" and to the extent permitted by applicable law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while camsea attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any camsea content, user content, or information you obtain on or through the services will be timely or accurate. Camsea takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which camsea will be responsible for.
17. Limitation of Liability
To the maximum extent permitted by law, Camsea and our managing members, shareholders, employees, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services due to you or third parties that are not affiliated with Camsea; (b) the conduct or content of other users or third parties on or through the services; or (c) unauthorized access, use, or alteration of your content caused by you or third parties that are not affiliated with Camsea
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
18. Jurisdiction and Choice of Laws.
You agree that, for all legal and non-legal purposes, our Services are located in Hong Kong. These Terms will be interpreted under and governed by the laws and legal principles of Hong Kong without regard to conflicts of laws, principles, or statutes. Any disputes arising out of or in connection with our Services shall be brought to the courts in Hong Kong. Hong Kong International Arbitration Centre (“HKIAC”) governs the interpretation and enforcement of this dispute-resolution provision. The arbitration will be initiated through the Hong Kong International Arbitration Centre (“HKIAC”). If the HKIAC is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given our services' breadth, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
21. Final Terms
- These Terms make up the entire agreement between you and Camsea and supersede any prior agreements.
- These Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
22. Contact Us
Camsea welcomes comments, questions, concerns, or suggestions. Please send feedback to firstname.lastname@example.org