RING CAM TERMS OF USE Effective Date of Current Policy: January 1st, 2015 Thank you for coming to www.getringcam.com or www.ringcam.com (the “Site”). Yes Cam LLC, which does business as Ring Cam, operates the Site and provides services through the Site, but we’ll just go by “Ring Cam”, “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short—shorter at least. Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy at www.getringcam.com or www.ringcam.com. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, please contact us at [email protected] We Reserve the Right to Update and Revise These Terms of Use at Any Time Things happen quickly, both inside and outside of Ring Cam, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms. Eligibility We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity. Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child). Privacy: Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information. (Don’t worry; it’s nothing scary.) Account Registration We don’t believe in putting unnecessary roadblocks in your way throughout our Services. You can maneuver most of the Services without creating a user account (“Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You should not share your Account information. You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You can always delete your Account by emailing us at [email protected] The Ring Cam Rental Ring Cam offers a two week rental program of our product. When you rent a Ring Cam, you agree to return all components and packaging to us in their original condition within the two week period, using the pre-paid return packaging we provide. If the rental period ends, and any of the components have not been returned, or the components are returned damaged, we will charge your credit card for the full amount of each component that is missing or damaged ($375.00 for the Ring Cam unit, $15.00 for the cable, and $5.00 for the cardboard box). By submitting your online order at www.getringcam.com or www.ringcam.com, you authorize Ring Cam to charge your card for the full retail price of each component as displayed on our site, plus sales tax where applicable, if you do not return your Ring Cam according to the guidelines in this section. However, we know things come up, so if you need an extra day or two, no problem. Just give us a call, and we’ll work something out. We’re available at 978-482-7464, Monday-Friday, 9 a.m.-5 p.m. ET. In order to avoid being charged, your Ring Cam return package will need to be postmarked (on its way back to Ring Cam) by the 14th full day after delivery. If your Ring Cam rental period ends on a weekend or holiday, just drop the return package in the mail on the next available day. Remember, if you need an extra day or two, just call us at 978-482-7464, Monday through Friday, 9 a.m.-5 p.m. ET. Getting Your Ring Cam 1. Select Your Ring Cam Package: Ring Cam offers three different rental packages and under special cases, a single purchasing option. If you wish to rent multiple Ring Cams, you will have to place those orders separately. For information on each rental package, please visit our shop at http://ringcam.com/shop/. For information on our single Ring Cam purchasing option, please email us at 2. Provide Your Order Date: This is the day you wish to receive the Ring Cam rental package by. We recommend selecting a date at least 1 week before your proposal in order to give you plenty of time to practice with the Ring Cam. 3. Delivery Information: We’ll need your name, address, and telephone number to send you your Ring Cam purchase. All orders are shipped for a fee. Your Ring Cam rental package arrives depending on the shipping type that you purchased. If you desire to change your shipping speed, please call us at 978-482-7464, Monday through Friday, 9 a.m. to 5 p.m. ET. Please note that expedited shipping costs will apply. Ring Cam is not responsible for late delivery due to you improperly selecting and purchasing shipping. 4. Payment: After you have made your rental package selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option. You also authorize us to charge you for any damages or late fees at full retail price for any packaging or products that are damaged, abused, misused, or late. 5. Checking Order Status: We know how exciting it can be to get a delivery, so once your Ring Cam is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to call us at 978-482-7464, Monday through Friday, 9 a.m. to 5 p.m. ET. You can also email us at [email protected], if you would like to check the status of your order. 6. Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, call us at 978-482-7464, Monday through Friday, 9 a.m. to 5 p.m. ET, or email us at [email protected] with the subject line “Change/Cancel Order.” If we are unable to make the requested change or cancellation, usually because we have already shipped the order, we will provide you with a prepaid return shipping label so that you can still return the Ring Cam after you receive them. 7. Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS). Ring Cam is not responsible for any files left on the Ring Cam when it is returned. It is up to you, the customer, to remember to remove, copy, and save the files recorded on the Ring Cam. 8. Returns: All sales exceeding six hundred ($600) dollars (USD) are final, refunds are solely under the discretion of the manufacturer and may or may not depend on the products condition. You have 14 calendar days to return the Ring Cam package from the date you received it. To be eligible for a return, your item must be in the same condition that you received it and in the original packaging. In order to be eligible for a refund based upon a faulty product, we must first receive your item. We will immediately notify you that we have received your returned item. We will then inspect your item and notify you on the status of your refund based upon our inspection. Refund conditions will be based on functionality of the product. Any damage from you as the user will be deducted from your refund. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days; depending on your card issuer’s policies (please give 5 to 10 day window). It should be noted that all shipping costs are non-refundable. 9. Language: Presently, our order process only supports the English language. 10. Late fees: You have 21 calendar days from the date you specified on the order, to deposit the Ring Cam into a postal system. Ring Cam will grant extensions to our 21 calendar day period to those who contact us and choose to approve such extensions. Ring Cam will charge our late fee on the 21st day on the specified order unless an approved extension was granted. Ring Cam may return a late fee charge, in the event that the post mark date is that of the 21st day. Ring Cam may make attempts to reach you either by phone call, email, or text message, notifying you of an impending charge. Ring Cam has the right to charge a customer $50 a week as a late fee until the Ring Cam is received, or if Ring Cam receives contact from you and grant you an extension between fees. We will not charge a customer more than the full retail cost of a Ring Cam which is $450. 11. Video Editing: Our free video editing includes trimming, color correction, minor video stabilization, volume adjustments and minor adjustments in transitions at our sole discretion. We do take requests for our editor to consider but we are under no obligation to take any action on these requests (our video editors are great and do a great job at filling requests). If the video editing is beyond what is what is available, we may recommend a additional charge for our video editors to complete, or recommend another company that can fulfill your requests. We have the right to refuse service to any videos, especially if explicit, adult, or unreasonable requests or content is requested. Intellectual Property Tip: If you use the Services, you get a Ring Cam package. You do not get any of our intellectual property. Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Ring Cam or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Ring Cam, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. If you would like to request authorization to use the materials or content on the Services, please contact us at [email protected] Limited Licensure After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: we give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else, so this license only gives you the rights we expressly stated in this section. Just so we’re clear, however, this license does not allow you to do any of the following: Resell or make any commercial use of the Services or any of the Service content; Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, photocopying, recording or otherwise; Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services; or Harvest or scrape any content from the Services. Remove, view, or copy any videos or files on the Ring Cam that were not specifically taken by the User Site Access Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services: Take action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure; Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services; Run any form of auto-responder or “spam” on the Services; or Otherwise take any action in violation of this Terms of Use or our Privacy Policy. License You Grant to Ring Cam We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below. We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we’ll discuss here. When you submit, distribute, transmit, or post any communications or any other material to Ring Cam (either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively “User Content”), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Ring Cam to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. In addition to giving Ring Cam a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account. The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us. Representations About Content You Submit We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that You hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us); That your submission of such materials to Ring Cam does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and All User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying). In addition, any User Content must not Include any profanity or obscene, indecent, or pornographic material; Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam); Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; Impersonate any person or entity (we like you just the way you are!); or Include anyone’s identification documents or sensitive financial information. Digital Millennium Copyright Act Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below): A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; Your contact information, including address, telephone number and, if available, e-mail address; A statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by calling 978-482-7464, or emailing [email protected] Private vs. Non-private Content We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication is completely private. Therefore, we don’t treat User Content you provide to those portions of the Services as private or confidential. When in doubt, it is best to take a look at our Privacy Policy at www.ringcam.com/privacy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children. Third-Party Content and User Content You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of Ring Cam. All content, including User Content and third-party content, is the responsibility of the party that creates it. Ring Cam does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Ring Cam. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you. We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Ring Cam will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Ring Cam or another party provides it. WARRANTY DISCLAIMER 1. We like you and want you to be a long time customer, but we trust you to be adults (see: eligibility section) and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding: Which users access the Services; What content you access via the Services; What effects the content may have on you; How you may interpret or use the content; or What actions you may take as a result of your exposure to the content. 2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. 3. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RING CAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY RING CAM OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, RING CAM DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RING CAM OR ANYONE REPRESENTING RING CAM BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR RING CAM’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RING CAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Termination We really hope we won’t ever have to do this, but we do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue. Governing Law No matter where you’re located, the laws of the State of Michigan will govern these Terms and the relationship between you and Ring Cam as if you signed these Terms in Michigan, without regard to Michigan state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Michigan County, Michigan for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. Severability If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. Entire Agreement These Terms constitute the entire agreement between you and Ring Cam and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Miscellaneous We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation. You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.