Term of Usage
Welcome to CamFiler. By using CamFiler softwares (the "Softwares"), including Receipt Filer, Contact Photo Filer, Video Uploader, VS, PS, PS Retro, InsurePhone, Airphone and App Safe on Android and their
associated websites(the "Sites") or together as the "Products", you are
review the following terms carefully. If you do not agree to these terms, you
should not use CamFiler or its associated website. The term
"CamFiler" or "us" or "I" or "me" or "we" or "our" refers to
CamFiler LLC, the owner and creator.The term "you" refers to the user or viewer
of our Products.
("Agreement") with respect to our Products. This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Products including the Softwares, the Sites, the content, and the
matter of this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will be posted
on the Sites, and you should review this Agreement prior to using the Products.
1. Nature of Service
The CamFiler Softwares manages photos, receipts and other information
(collectively "Data"). These data are submitted by independent
users. Some of this data is adjusted, other data is not manipulated or audited
Unencrypted photos, videos stored on electronic devises and unencrypted email
communications between electronic devises are not secure. We do not encourage
anyone to use our software for sensitive or important personal information, use it for official or government, send sensitive information via unencrypted
communication, or manage sensitive information via software provided by CamFiler LLC.
CamFiler LLC will not be liable for any delay, difficulty in use,
inaccuracy of information, loss of information, leaking of information,
viruses, malicious code or other defect in this software, either on user's
electronic devises or between user's devises, user's e-mailbox or other
information accessing program. Nor will the CamFiler LLC be liable for any other
problems experienced by the user due to causes beyond the Company's control.
No license to the user is implied in these disclaimers.
You acknowledge that it is your responsibility to protect your sensitive
information by declining to photograph, store or transmit it using the
Products. You are encouraged to store your sensitive information
conventionally in paper form and store your nonsensitive information
conventionally in paper form in addition to electronic form.
For softwares requiring a password, you acknowledge that it is your
responsibility to record or remember the password.
CamFiler LLC will not be liable for any problems, any delay or difficulty in use
due to loss of passwords. CamFiler LLC will not be liable for recovery
of your password.
For softwares requiring your email address, you acknowledge that it is your
responsibility to register the correct email address.
CamFiler LLC will not be liable to verify your email address.
CamFiler LLC will not be liable for any problems, delay or difficulty in use
due to inaccurate email registration.
For softwares requiring your cellphone and sdcard, you acknowledge that it is your
responsibility to backup the information on your phone and your sdcard and protect your cellphone and sdcard from thirdparty access.
CamFiler LLC will not be liable to loss of information due to changes on your phone and sdcard, including but not limited to hardware, software upgrades
or loss of password.
CamFiler LLC will not be liable to leaking of sensitive information due to third party's access to your phone.
CamFiler LLC will not be liable for any problems, delay or difficulty in use
due to any changes on your phone or thirdparty's access to your phone
2. No Waranty
Unless otherwise stated, the Products are distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The content, organization, software, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Products are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights.
Except for the Content submitted by members or users, the CamFiler Products
and all aspects thereof, including all copyrights, trademarks, and other
intellectual property or proprietary rights therein, is owned by CamFiler LLC or her
licensors. The copying, redistribution, use or publication by you of any such
matters or any part of the Products, except as allowed by Section 4 below, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Products. The posting of information
or materials on the Products does not constitute a waiver of any right in such
information and materials.Some of the content on the site is the
copyrighted work of third parties.
3. Service Marks.
"CamFiler", "Receipt Filer Lite", "Receipt Filer Gold", "Contact Photo Filer", "Video Uploader on Android", "VS", "PS", "PS Retro", "InsurePhone", "Airphone", "App Safe" and others are our service
marks or registered service marks or trademarks. Other Products and
company names mentioned on the Products may be trademarks of their respective
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Products strictly in accordance with this Agreement; (b) to
use the Products solely for internal, personal, non-commercial purposes; and (c)
to print out/export discrete information from the Products solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright
and other policies contained therein.No print out or exported electronic
version of any part of the Products or the Products may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Products and any information, materials
or documents (collectively defined as "Content and Materials") therein are
subject to the following restrictions and prohibitions on use:You may not
(a) copy, print (except for the express limited purpose permitted by Section 4
above), republish, display, distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all or any portion of the
Products or any Content and Materials retrieved therefrom; (b) use the Products
or any materials obtained from the Products to develop, of as a component of,
any information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercialdistribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Products; (d) use any Content and Materials from the Products
in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or terms of
use contained in the Products; (f) make any portion of the Products available
through any time sharing system, the Internet or any other technology now
existing or developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Products software or use any network monitoring or
discovery software to determine the architecture of the Products; (h) use any automatic or
manual process to harvest information from the Products; (i) use the Products for
the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Products in a manner
that violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export the Products or any portion
thereof, or any software available on or through the Products, in violation of
the export control laws or regulations of the United States.
6. User Submitted Content.
This means that the user, and not CamFiler LLC, is entirely responsible for all Content
that he or she uploads, posts, emails, add/edit entries, submit reviews or
otherwise transmits via the Products. No user shall transmit Content or
otherwise conduct or participate in any activities on the Products website that,
in the judgment of CamFiler LLC,is likely to be prohibited by law in any
applicable jurisdiction, including laws governing the encryption of software,
the export of technology, the transmission of obscenity, or the permissible uses
of intellectual property. CamFiler LLC reserves the right to modify, refuse
or delete any content appearing on the Products.
7. Linking to the Products.
You may provide links to the Products, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Products, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the Products immediately
upon request by us.
The Products may contain advertising and sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on the
Products is accurate and complies with applicable laws.We are not
responsible for the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Products may require you to
register.If registration is requested, you agree to provide us with
accurate, complete registration information.Your registration must be
done using your real name and accurate information.Each registration is
for your personal use only and not on behalf of any other person or entity. We
do not permit (a) any other person using the registered sections under your
name; or (b) access through a single name being made available to multiple users
on a network.You are responsible for preventing such unauthorized
use.You shall be responsible for maintaining the confidentiality of your
password and are fully responsible for all activities that occur under your User
ID and password. Any User ID and password provided to you for your access to the
Products shall be for your personal use only. You agree to (i) immediately
notify CamFiler LLC of any unauthorized use of your User ID or password, and (ii)
ensure that you exit from your account at the end of each session.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Products will be error-free, free of
viruses or other harmful components, or that defects will be corrected.We
do not represent or warrant that the information available on or through the
Products will be correct, accurate, timely or otherwise reliable.We may
make changes to the features, functionality or content of the Products at any
time.We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Products.
11. Third Party Content.
Third party content may appear on the Products or may be accessible via
links from the Products.We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Products. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, Products and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Products.
Your right to use the Products is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), Products LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE Products, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (i) any errors in or
omissions from the Products or any services or Products obtainable therefrom,
(ii) the unavailability or interruption of the Products or any features thereof,
(iii) your use of the Products, (iv) the content contained on the Products, or (v) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE Products,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
COST OF SOFTWARE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
17. Use of User Submitted Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Products uses by you and all information provided by you in
ownership of all remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") .The submitting
user grants CamFiler LLC the royalty-free, perpetual, irrevocable, non-exclusive,
transferable license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, 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, all subject to the terms of
any applicable license.We will not be required to treat any Submission as
confidential, and will not be liable for any ideas (including without
limitation, Products, service or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in our future
Products, services or operations. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
18. Third-Party Services.
We may allow access to or advertise certain third-party Products or service
providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the Products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
19. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
22. Links to other Web Sites.
The Products contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Products does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Products
and access these third-party sites, you do so at your own risk.
23. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
(a) An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located
on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the
Products can be reached by directing an e-mail to the Copyright Agent at
24. Information and Press Releases.
The Products contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Products and the
Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in
Kirkland, Washington, and shall be governed by and construed in accordance with
the laws of the State of Washington (without regard to conflict of law
principles). Any cause of action by you with respect to the Products (and/or any
information, Documents, Products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned by us
in our sole discretion to a third party in the event of an acquisition, sale or
merger.Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Products is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.Our rights under
this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Products operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of
any other party.The arbitration shall be conducted in Kirkland,
Washington, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof.Either you or us may seek any interim or
preliminary relief from a court of competent jurisdiction in Kirkland,
Washington necessary to protect the rights or property of you and us pending the
completion of arbitration.Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS.