EarthCam Mobile is a service provided by EarthCam, Inc. (hereinafter collectively "EarthCam Mobile") for EarthCam Mobile registered members to create an EarthCam Mobile account in order to watch, broadcast and share webcam content and related data, including images and pictures, over the Internet ("Webcam Content"); only registered members can use this service. To become a member, member ("Member") must first agree to comply with current Terms of Service.

EarthCam Mobile provides users with the ability to report a violation they find on EarthCam Mobile by filling out and submitting the EarthCam Mobile Contact Us Form.

1. CHANGES TO TERMS OF SERVICE. EarthCam Mobile reserves the right to change Terms of Service at its sole discretion and at any time, and Member must comply with such changes. Updates made by EarthCam Mobile from time to time can be made without notice to Member. Notifications may appear on the EarthCam Mobile website. Members who violate the Terms of Service may have their membership revoked.

2. DESCRIPTION OF SERVICE. In order to use EarthCam Mobile, Member must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that, in some cases, Members of EarthCam Mobile have created certain areas on EarthCam Mobile that may contain adult or mature content without EarthCam Mobile's prior knowledge. Members should report any violations like this and of the Privacy Policy and Terms of Service by filling out and submitting the EarthCam Mobile Contact Us Form. All Members of EarthCam Mobile must be at least 13 years of age to create an EarthCam Mobile account and to access and view EarthCam Mobile.

3. MEMBER REGISTRATION OBLIGATIONS. In consideration of Member's use of EarthCam Mobile, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by EarthCam Mobile's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or EarthCam Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EarthCam Mobile has the right to suspend or terminate Member's account and refuse any and all current or future use of EarthCam Mobile (or any portion thereof). EarthCam Mobile is concerned about the safety and privacy of all its users, particularly children. For this reason, EarthCam Mobile is intended for users at least 13 years of age. When Member creates an EarthCam Mobile account, Member certifies that Member is at least 13 years of age. Please remember that EarthCam Mobile is designed to appeal to a broad audience. Accordingly, it is Member's responsibility to determine whether any of EarthCam Mobile and/or Content (as defined in Section 8 below) is appropriate for Member's own viewing.

4. VALID E-MAIL ADDRESS. Member will maintain a valid e-mail address as part of Member's EarthCam Mobile membership profile at all times.

5. EARTHCAM MOBILE PRIVACY POLICY. Registration Data and certain other information about Member are subject to our Privacy Policy. For more information, please see our full privacy policy here.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY. Member will receive a password and account designation upon completing EarthCam Mobile's registration process. Members are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Member's password or account. Member agrees to (a) immediately notify EarthCam Mobile of any unauthorized use of Member's password or account or any other breach of security, and (b) ensure that Member exits from Member's account at the end of each session. EarthCam Mobile cannot and will not be liable for any loss or damage arising from Member's failure to comply with this Section 6.

7. RESTRICTIONS ON USE.

8. MEMBER CONDUCT. Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

Member agrees to not use EarthCam Mobile to:

9. PUBLIC VIEWING. Member acknowledges and understands that Member, in some instances, intends Webcam Content submitted to EarthCam Mobile by Member for public viewing. Such Webcam Content may be viewed by any other person having access to the Internet. Any other person having access to the Internet may view such Webcam Content.

10. PUBLIC CONTENT POSTED TO EARTHCAM MOBILE. With respect to Content, Member elects to post to publicly accessible areas of EarthCam Mobile, Member grants EarthCam Mobile the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, promote and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

11. NO RESALE OF SERVICE. Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of EarthCam Mobile, use of EarthCam Mobile, or access to EarthCam Mobile.

12. GENERAL PRACTICES REGARDING USE AND STORAGE. Member acknowledges that EarthCam Mobile reserves the right to terminate or move accounts that are inactive for an extended period of time. Member further acknowledges that EarthCam Mobile reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. ACCEPTABLE USE. Member represents that all Webcam Content published online by Member through EarthCam Mobile will be original, and will not violate the copyright, trademark, trade secret, patent, right of publicity, right of privacy or other rights of third parties. Member further agrees that Member will not publish online through EarthCam Mobile any Webcam Content that contain words or scenes that are profane, sexually explicit, depict graphic violence, or contain defamatory communications or communications that deride or promote discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation.

14. DELETION OF WEBCAM CONTENT. In the event Membership is revoked, EarthCam Mobile may, at its sole discretion, delete and/or remove from EarthCam Mobile servers all EarthCam Mobile accounts and Webcam Content previously submitted by Member to be hosted on an EarthCam Mobile server and published on the Internet through EarthCam Mobile. Further, EarthCam Mobile may conduct random checks of Webcam Content, in public or private accounts, at regular intervals and/or in response to complaints by viewers to determine whether they comply with our Acceptable Use Policy. EarthCam Mobile reserves the right to remove and delete any Webcam Content submitted by Member that, in EarthCam Mobile's sole discretion, does not comply. Members should report any suspected instances of EarthCam Mobile misuse by submitting the EarthCam Mobile Contact Us Form.

15. ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES. MEMBER ASSUMES ALL RISKS FOR MEMBER'S USE OF EARTHCAM MOBILE AND THE INTERNET. EARTHCAM MOBILE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE EARTHCAM MOBILE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR GUARANTEE THAT MEMBER WILL BE ABLE TO USE EARTHCAM MOBILE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION. EARTHCAM MOBILE 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. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF EARTHCAM MOBILE IS BORNE BY MEMBER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. 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. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EARTHCAM MOBILE BE LIABLE TO MEMBER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EARTHCAM MOBILE SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL EARTHCAM MOBILE BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT EARTHCAM MOBILE RECEIVED FROM MEMBER WITH RESPECT TO EARTHCAM MOBILE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

16. MODIFICATIONS TO SERVICE. EarthCam Mobile reserves the right, at any time and from time to time, to modify, move, edit, or discontinue, temporarily or permanently, EarthCam Mobile (or any part thereof) with or without notice. Member agrees that EarthCam Mobile shall not be liable to Member or to any third party for any modification, suspension or discontinuance of EarthCam Mobile.

17. TERMINATION. Member agrees that EarthCam Mobile, in its sole discretion, may terminate Member's password, account (or any part thereof) or use of EarthCam Mobile, and remove and discard any Content within EarthCam Mobile, for any reason, including, without limitation, for lack of use or if EarthCam Mobile believes that Member has violated or acted inconsistently with the letter or spirit of the Terms of Service. EarthCam Mobile may also in its sole discretion and at any time discontinue providing EarthCam Mobile, or any part thereof, with or without notice. Member agrees that any termination of Member's access to EarthCam Mobile under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that EarthCam Mobile may immediately deactivate or delete Member's account and all related information and files in Member's account and/or bar any further access to such files or EarthCam Mobile. Further, Member agrees that EarthCam Mobile shall not be liable to Member or any third-party for any termination of Member's access to EarthCam Mobile.

18. EARTHCAM MOBILE'S PROPRIETARY RIGHTS. Member acknowledges and agrees that EarthCam Mobile and any necessary software used in connection with EarthCam Mobile ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to Member through EarthCam Mobile or advertisers. Except as expressly authorized by EarthCam Mobile or advertisers, Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on EarthCam Mobile or the Software, in whole or in part.

EarthCam Mobile grants Member a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. 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 EarthCam Mobile. Member agrees not to access EarthCam Mobile by any means other than through the interface that is provided by EarthCam Mobile for use in accessing EarthCam Mobile.

19. INDEMNITY. Member agrees to indemnify and hold harmless EarthCam Mobile, 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 EarthCam Mobile.

20. WAIVER. Member acknowledges and agrees that neither EarthCam Mobile nor its service providers, parents, subsidiaries, affiliates, officers, employees and agents shall be liable to Member in the event EarthCam Mobile is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any party, to desist from using or permitting the use of particular Webcam Content. Member further acknowledges that EarthCam Mobile 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. We urge all Members to maintain backup versions of their Webcam Content to guard against losses of any kind.

21. GENERAL INFORMATION. The Terms of Service constitute the entire agreement between Member and EarthCam Mobile and govern Member's use of EarthCam Mobile, superceding any prior agreements between Member and EarthCam Mobile. 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. The Terms of Service and the relationship between Member and EarthCam Mobile shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. Member and EarthCam Mobile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen, New Jersey. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of EarthCam Mobile or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATIONS. Please report any violations of the Terms of Service to EarthCam Mobile by submitting the EarthCam Mobile Contact Us Form.