Mentorcam Inc., a Delaware corporation (hereinafter: “Mentorcam”, “We” (or “we”) or “Us” (or “us”) operates the Mentorcam website (located at mentor.cam; hereafter: “Site” or “Website”) and the Mentorcam application (hereafter: “App” or, “Application”). As used herein, “Services” means the Site, Application and any other service offered by Mentorcam.
Mentorcam operates a platform to connect content providers (“Mentors”) and their fans (“Mentee”). This Terms of Service (“Terms”) governs your use of the Services. “You” or “you” refers to you as a user of our Services whether as a visitor, Mentor or Mentee.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE, APPLICATION OR ANY OTHER SERVICES. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
IN ORDER TO USE OR ACCESS CERTAIN PARTS OF THE WEBSITE, APPLICATION OR OTHER SERVICES, YOU MAY BE REQUIRED TO HAVE AND MAINTAIN A VALID AND ACTIVE USER ACCOUNT (“ACCOUNT") WITH MENTORCAM.
THE SERVICES ARE NOT LICENSED TO YOU AND YOU MAY ONLY ACCESS SUCH SERVICES SUBJECT TO THESE TERMS. ANY RIGHTS NOT GRANTED TO YOU IN THESE TERMS ARE RESERVED BY MENTORCAM.
These Terms contains a binding arbitration and class action waiver provisions in the Section entitled “Governing Law and Dispute Resolution” (“Disputes Provision”) that affects your rights under these Terms with respect to any disputes between you and Mentorcam, and requires you and Mentorcam to resolve such disputes in binding arbitration (and not in court). You have a right to opt out of the binding arbitration as provided below in the Disputes Provision.
You may pay for services from Mentors on our Services, if you do so you must comply with all of our terms.
We may offer you products and services other than the ones covered by the Terms.
Some Services offered through the Site and Application (or through other Services) may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that Service. By using that Service, you agree to the Additional Terms and such Additional Terms will form a part of these Terms and are incorporated herein. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless otherwise specified in such Additional Terms.
In order to access our products and Services, you must comply with certain restrictions such as age and your representation and warranties.
Representations and Warranties: You represent and warrant that:
These are the terms on fees and your payment to access Mentorcam Videos and other Services.
Mentorcam Videos are owned by the Mentors, in this section you learn about the ownership rights of the Mentor thereon.
You agree to use Mentorcam Videos for personal and non-commercial purposes only and comply with certain rules when using our Services.
For clarity, your use of any Mentorcam Video includes use anywhere (on our Services or otherwise).
If you believe that your copyrights have been infringed let us know. If you infringe someone else's copy rights you will lose access to our Services.
You acknowledge and agree that if you fail to comply with the requirements of this section your notice may not be valid.
Notices of copyright infringement claims should be sent as follows:
730 Arizona Avenue,
Santa Monica, CA, 90401, United States of America
If relating to content on the Services: email@example.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
You agree not to contact Mentors directly other than allowed by our Services.
Our Services may contain features and functionalities that may link to or provide you with access to third party content, including Mentorcam Videos, that is completely independent of us, including websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Mentors, found on or through our Services are solely between you and the third party; however, Mentorcam may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Mentorcam if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any Mentor except as expressly permitted through our Services and these Terms.YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY INTERACTION WITH A MENTOR OR FOR ANY CONTENT CONTAINED IN A MENTORCAM VIDEO. You hereby release Mentorcam (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Services.
You may reach other websites, applications and services through our Services.
We enhance and update our Services often. You acknowledge and agree that we may change or discontinue any aspect of our Services at any time, with or without notice to you.
You may stop using our Services at any time and Mentorcam may also terminate your access to any Services at any time too.
You agree to indemnify Mentorcam against any claims related to these Terms.
You agree to indemnify, defend, and hold harmless Mentorcam its affiliates and each of its respective affiliates employees, contractors, directors, suppliers, agents, advisors, licensors, licensees, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of these Terms by you or anyone using your Account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Account; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; or (e) to the fullest extent permitted by applicable law, relating to your use of our Services. Mentorcam will have the right to select counsel to be paid for by you in connection with any indemnification by you. You will reasonably cooperate with us in connection with any indemnification matters.
YOU USE OUR SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED IN CONNECTION TO THE USE OF OUR SERVICES, ANY MENTORCAM VIDEO, OR ANY MENTORCAM CONTENT.
Here you find some other provisions governing our relationship, please read them carefully.
Governing Law and Dispute Resolution:These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California or the United States District Court for the Northern District of California, for any actions not subject to arbitration as set forth below. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mentorcam are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision will survive termination of these Terms and the termination of your Account.
For any dispute you have with Mentorcam, you agree to first to contact Mentorcam at firstname.lastname@example.org and attempt to resolve the dispute with Mentorcam informally. If Mentorcam has not been able to resolve the dispute with you informally, each party agrees to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by JAMS ("JAMS") under the JAMS Streamlined Arbitration Rules and Procedures will apply for disputes of less than $50,000, and the JAMS Comprehensive Arbitration Rules will apply for disputes involving $50,000 or more, and in either instance the JAMS Optional Expedited Arbitration Procedures will apply. Unless you and Mentorcam agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, except that Mentorcam will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $50,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); provided, however, if the arbitrator determines that the claims you assert in arbitration are frivolous, you agree to reimburse Mentorcam for all cost and expenses advanced and paid by Mentorcam that you would have otherwise been obligated to pay under the applicable arbitration rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.
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, UNLESS MENTORCAM AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MENTORCAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any arbitration must be commenced by filing a demand for arbitration with the JAMS within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
You and Mentorcam agree that if any portion this section is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect.
MENTORCAM MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THESE TERMS AT THE SITE OR IN CONNECTION WITH ANY SERVICE AND YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION. YOUR CONTINUED USE OF THE SITE OR ANY SERVICE, AFTER ANY MODIFICATION OR REVISION INDICATES YOUR ACCEPTANCE OF SUCH MODIFICATION OR REVISION. IF ANY MODIFICATION OR REVISION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE AND THE SERVICES.
730 Arizona Avenue,
Santa Monica, CA, 90401, United States of America
Or at the following e-mail: email@example.com