TERMS OF USE

PUREGEAR / PURECAM TERMS OF USE

Effective Jan 1^st, 2019

PureGear / PureCam (“PureGear,” “PureCam” “Our,” “We,” or “Us”) provides video and cloud recording, among other services, to users around the world. The consumer (“You”) agrees to our Terms of Service (“Terms”) by installing, accessing, or using our products, including by not limited to, applications (“Apps”), services, features, software, or website (together, “Services”).

PUREGEAR / PURECAM COMMITMENT

1. PureGear / PureCam will never claim ownership of your videos - you own your videos.
2. The link between your PureCam and your phone is secure so that only you can control access to your video content through the PureCam App, unless others have access to your phone or the secure recovery password you set up with PureCam. 
3. No one at PureGear sees your video unless you choose to share it.
4. Any data we collect on usage is anonymized.

PRIVACY & DATA POLICY

Please click Privacy Policy to review PureGear / PureCam Privacy & Data Policy in details.

LICENSES

All of the licenses granted to you and that you grant to us fall under the promises we made to you at the beginning. PureGear / PureCam uses your video and information only to operate our Services. Your information is yours, and no one has access unless you grant it.

1. Your License Rights

You own all of your information – including, but not limited to, personal information submitted to establish and maintain your PureGear / PureCam account, including email addresses, videos, and messages, submitted through our Services. PureGear / PureCam does not claim ownership of the information that you submit for your PureGear / PureCam account or through the Services. You will give PureGear / PureCam a license to use the information you submit, and you assure us that you have the necessary rights to such information that you submit for your PureGear / PureCam account or through our Services and the right to grant the rights and licenses in our Terms. 

2. PureGear's / PureCam’s License Rights - License to You

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, data generated through your use of the Services and associated analysis, and other intellectual property rights associated with our Services. We grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our Services, subject to and in accordance with our Terms and any applicable policies. This license is for the sole purpose of enabling you to use our Services solely in the manner permitted by our Terms and any applicable policies.

3. PureGear / PureCam License Restrictions

You may not use our copyrights, trademarks, domains, logos, trade dress, patents, data generated through your use of the Services and associated analysis, and other intellectual property rights unless you have our express permission. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you in this provision. You shall not and will not transfer any of your rights or obligations under our Terms and any applicable policies to anyone else without our prior written consent. Such transfer without the prior written consent of PureGear / PureCam shall be deemed invalid, null and void. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

4. Disclosure

If required by law or court order, PureGear / PureCam may cooperate with a party and disclose your information, including account information, video files, and content that you upload, submit, store, send, or receive on or through our Services. Upon receipt of the mandatory disclosure request, PureGear / PureCam may provide the aforementioned information files, and you will be given advance notice of such request for disclosure as promptly as possible. 

5. Reporting Intellectual Property Infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please contact us at www.shoppurecam.com/contact. We may terminate your Services and associated account(s) if you repeatedly infringe the intellectual property rights of others.

6. Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS, DISABLING MECHANISM, OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, RETRIEVABLE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, INTERCEPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. 

7. Release

YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “PUREGEAR / PURECAM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

8. Limitation of Liability

THE PUREGEAR / PURECAM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE PUREGEAR / PURECAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE PUREGEAR / PURECAM PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless the PureGear / PureCam Parties, its affiliates, any and all applicable respective officers, directors, employees, sub licensees, contractors, users and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) relating to, arising out of, or in any way in connection with any of the following:

1. your access to and/or use of our Services, including information provided in connection therewith;
2. your breach or alleged breach of our Terms or any applicable policies;
3. any actual or alleged infringement of any intellectual property rights by the Services, Deliverables or use of either on your behalf;
4. any personal injury or property damage caused by the negligence, acts or omissions of your use of the Services, which would not have happened but for your use of the Services; or
5. any misrepresentation made by you (each of the aforementioned a “Claim”).

You will cooperate as fully as required by us in the defense or settlement of any Claim, and in no event will you settle any Claim without PureGear's / PureCam’s prior written consent, not to be unreasonably delayed.

DISPUTE RESOLUTION

1. Forum and Venue

You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Southern District of California or a state court located in Los Angeles County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

2. Governing Law

The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between PureGear / PureCam and you, without regard to conflict of law provisions.

3. Availability and Termination of Services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

4. Termination

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with PureGear / PureCam: “Privacy and Data Policy,” “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of Services,” and “Miscellaneous.”

MISCELLANEOUS

1. Full Agreement

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding PureGear / PureCam and our Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Also note, these terms may be updated without notice, as needed, and such Terms and applicable policies will govern use of the Services. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. Any amendment to or waiver of our Terms requires our express consent.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

2. Trade and Export Laws

You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services:

1. to any individual, entity, or country prohibited by Export Laws;
2. to anyone on U.S. or non-U.S. government restricted parties’ lists; or
3. for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations.

You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

3. Our Transfer of Rights

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. If we fail to enforce any of our Terms, it will not be considered a waiver.

4. Waiver and Severability

No provision of this Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except specifically in a writing signed by the waiving party. If any provision of these Terms is deemed unenforceable, invalid, unlawful, or void by a court, that provision will be stricken or modified, shall not affect the validity and enforceability of the remaining provisions, and the remainder of this Agreement will be in full force and effect.

5. Information Operations and Practices Agreement

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in these Terms and any applicable policies, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those in which it is collected or disseminated, and you agree to allow such collection, storing, and transfer as needed.