Terms of Use

Effective Date: April, 2024

**Welcome to Our Platform**

Welcome to our platform. This document outlines the terms and conditions that govern your use of our websites, products, services, and applications, including but not limited to our primary website and subdomains, cameras, forecasts, e-commerce properties, mobile applications, travel services, video sessions, camera rewinds, and other related offerings (collectively referred to as the “Services”). These terms also apply to any requests you make to receive information about or purchase any products available through our websites, mobile applications, or at applicable physical locations (each referred to as a “Product”). The purchase of any Products will be governed by the terms provided to you during the sales process. If you have any questions, comments, or concerns about these terms or our Services, please reach out to us:

**Email:** Joinparkview@gmail.com

**Address:** PO Box 1343, St. Petersburg, Florida, 33731

**Binding Agreement**

These Terms of Use (“Terms”) constitute a legally binding agreement between you and PARKVIEW CAM INC.\PARKVIEW CAM INC. (“ParkView Cam Inc.,” “we,” “us”). By accessing or using our Services in any capacity, you agree to be bound by these Terms. These Terms will remain in effect as long as you use the Services. You confirm that you are of legal age to enter into a binding contract (or if not, you confirm that you are at least 16 years old, have obtained parental or guardian consent, and your parent or guardian agrees to these Terms on your behalf). These Terms also incorporate our Privacy Policy and any additional terms, policies, or conditions that apply to the use of specific Services or the purchase of Products.

**Changes to Services and Terms**

We continuously strive to enhance our Products and Services, which means they may evolve over time. We may update, modify, or discontinue any part of the Services, introduce new features, impose restrictions on certain features, or limit access to parts or all of the Services. We will attempt to notify you if we make any material changes that may adversely affect your use of the Services, but such notice may not always be possible. We also reserve the right to remove any content from the Services at any time, for any reason, at our sole discretion, and without notice.

Similarly, these Terms may be updated as our Services evolve. We reserve the right to amend these Terms at any time by posting the revised Terms on our website(s) and mobile applications, updating the “Effective Date” so you know when the changes took effect. We may also provide notice of such changes through additional means, such as a notification on our website, an email, or other communication methods. It is your responsibility to review these Terms periodically to stay informed of any changes. By continuing to use the Services after changes are made, you accept and agree to the revised Terms.

If you do not agree with the revised Terms, you are free to reject them, but doing so means you will no longer be able to use the Services. No other amendments or modifications to these Terms will be effective unless they are in writing and signed by both you and us.

**Privacy**

We take your privacy seriously. For details on how we collect, use, and share your personal information, please review our current Privacy Policy.

**Children’s Online Privacy Protection Act (COPPA)**

In compliance with COPPA, we do not knowingly collect personal information from children under the age of 13 without parental consent. If you are under 13, please do not attempt to register for or use the Services or send any personal information to us. If we learn that we have inadvertently collected personal information from a child under 13, we will delete that information promptly. If you believe that a child under 13 may have provided us with personal information, please contact us at Joinparkview@gmail.com.

**Account Registration**

To access certain parts or features of the Services, you may need to register for an account by providing an email address, selecting a password, and possibly choosing a user name (collectively referred to as your “User name”). You agree to provide accurate, complete, and up-to-date registration information. You may not use a User name that you do not have the right to use, or that impersonates another person. You may not transfer your account to anyone else without our prior written permission.

You may also access certain parts or features of the Services by using your account credentials from other services, such as Facebook (“Third-Party Accounts”). By using the Services through a Third-Party Account, you authorize us to access certain information from that account for use within the Services. You control how much information is accessible to us by adjusting your privacy settings on your Third-Party Account.

You agree to use the Services and any Products obtained solely for your internal, personal use, and not on behalf of or for the benefit of any third party, including but not limited to reselling the Services or using them for commercial purposes. Unauthorized attempts to gain API access, scrape data, or create derivative products are prohibited. You are also responsible for complying with all applicable laws related to your use of the Services and Products. If your use of the Services or Products is prohibited by law, you are not authorized to use them. We will not be held responsible if you use the Services or Products in violation of the law.

You must keep your User name, account, password, and any other access tools or credentials secure. You are responsible for any activity associated with your User name and account.

**ParkView Cam Inc. Connections: Connecting You with any and all ParkView partners, contractors, paid affiliates, and advertisers to be referred to in this document as “ParkView Partners**

Our platform may connect you with third-party providers of travel services, such as any and all ParkView partners, contractors, paid affiliates, and advertisers (“ParkView Partners”). As a user of these services (“User”), it is your responsibility to ensure that the recommended “ParkView Partner” meets your needs. ParkView Cam Inc. is only responsible for connecting ParkView Partners and Users and is not responsible for the actual provision of the “ParkView Partners” services or the quality or accuracy of the information provided by the “ParkView Partner”. ParkView Cam Inc. does not control the actions of ParkView Partners, and they are not our employees. We have partnered with Bookinglayer.com to facilitate booking aspects of travel with ParkView Partners. Any information you provide to a “ParkView Partner” is subject to their terms of use and privacy policies.

ParkView Partners operate independently and are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of ParkView Cam Inc.. We do not supervise, direct, control, or monitor the “ParkView Partner” Services and disclaim any responsibility or liability for these services. This includes any warranty of quality, fitness for a particular purpose, or compliance with applicable laws or regulations.

**Restrictions on Use of Services**

You agree not to use the Services in any manner that:

  1. Infringes on intellectual property rights or other rights of others (including ParkView Cam Inc.).
  2. Violates any law or regulation, including export control laws, privacy laws, or other applicable laws.
  3. Is harmful, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
  4. Compromises the security of your account or someone else’s account (e.g., allowing another person to log in as you).
  5. Attempts to obtain security information from other users.
  6. Violates the security of any computer network, including hacking or cracking passwords or security encryption codes.
  7. Runs automated systems or processes (like Maillist, Listserv, auto-responders, or spam) that interfere with the Services’ proper functioning.
  8. Engages in crawling, scraping, or spidering of the Services or Content through manual or automated means.
  9. Allows unauthorized API access.
  10. Copies or stores any significant portion of the Content.
  11. Decompiles, reverse engineers, or attempts to obtain the source code or underlying information related to the Services or Products.

A violation of any of these restrictions may result in the termination of your right to use the Services.

**Rights in the Services**

All content available on or through the Services, including text, graphics, data, articles, photos, images, videos (including ParkView Cam Inc. Sessions), API data, illustrations, and other materials (“Content”), is protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content not owned by you without the prior consent of the Content owner or in a way that violates others’ rights, including ParkView Cam Inc.’s rights.

If you choose to make your ParkView Cam Inc. Sessions public, you explicitly authorize ParkView Cam Inc. to share data and content that identifies you with other ParkView Cam Inc. users or the public. Please review ParkView Cam Inc.’s Privacy Policy for more information on how your Sessions data is shared.

Subject to these Terms, we grant each user a worldwide, non-exclusive, non-sublicensable, non-transferable license to use the Content solely for personal, non-commercial use in connection with the Services. Any other use, reproduction, modification, distribution, or storage of Content without prior written permission is prohibited. You acknowledge that ParkView Cam Inc. owns the Services and that you will not modify, publish, transmit, participate in the sale of, reproduce, create derivative works based on, or otherwise exploit the Services. Although some functionalities may allow you to download certain Content, the restrictions in this section still apply.

**User Submissions**

Any content you post, upload, share, or otherwise provide through the Services is referred to as “User Submissions.” Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You agree to ensure that all User Submissions you provide are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.

**Prohibited User Submissions**

You agree not to post, upload, share, store, or otherwise provide through the Services any User Submissions that:

  1. Infringe upon any third party’s copyrights or other rights, including but not limited to trademark, privacy rights, etc.
  2. Contain sexually explicit content or pornography.
  3. Include hateful, defamatory, or discriminatory content, or content that incites hatred against any individual or group.
  4. Exploit minors in any way.
  5. Depict unlawful acts, extreme violence, or animal cruelty.
  6. Promote fraudulent schemes, multi-level marketing (MLM) schemes, get-rich-quick schemes, online gaming and gambling, cash gifting, work-from-home businesses, or other dubious money-making ventures.
  7. Violate any law or regulation.

**Licenses Granted to ParkView Cam Inc.**

To display your User Submissions on the Services and allow other users to enjoy them, you grant us certain rights to these submissions. All licenses granted herein are subject to our Privacy Policy, particularly where User Submissions include your personally identifiable information.

By submitting User Submissions through the Services, you grant ParkView Cam Inc. a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with our Services, including for promoting and redistributing part or all of the Services in any media formats and through any media channels (including, without limitation, third-party websites and feeds). This license remains in effect even after you terminate your account or stop using the Services.

You also grant each user of the Services a non-exclusive, perpetual license to access your User Submissions through the Services and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions, even after you terminate your account or stop using the Services. This does not affect your ownership rights or other license rights in your User Submissions, including the right to grant additional licenses, unless otherwise agreed in writing.

You represent and warrant that you have all rights necessary to grant these licenses without infringing or violating any third party’s rights, including privacy rights, publicity rights, copyrights, trademarks, contract rights, or other intellectual property or proprietary rights.

**Sharing Information with Third Parties**

Certain features of the Services allow you to share information with others, including through your social networks or other Third-Party Accounts. When Content is authorized for sharing, we will clearly identify it and provide options, such as a “download” or “share” button. By sharing information from the Services through Third-Party Accounts, you authorize ParkView Cam Inc. to share that information with the applicable third-party provider. Please review the terms of any Third-Party Account providers you interact with, as they may have different policies on how they use your information. You must be able to edit or delete any Content you redistribute, and you agree to do so promptly upon our request.

**Modifications to User Submissions**

In providing the Services to our users, ParkView Cam Inc. may need to make technical changes to your User Submissions to conform and adapt them to the technical requirements of connection networks, devices, services, or media. The licenses granted to ParkView Cam Inc. include the rights necessary to make such changes.

**Reporting Copyright Infringements**

In accordance with the Digital Millennium Copyright Act (DMCA), ParkView Cam Inc. has adopted a policy of blocking access to or removing content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users. We reserve the right to remove and discontinue service to repeat offenders.

**Procedure for Reporting Copyright Infringements**

If you believe that material residing on or accessible through the Services infringes your copyright (or the copyright of someone you are authorized to act on behalf of), you may send a notice of copyright infringement to our Designated Agent. The notice should include:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that has been allegedly infringed.
  2. Identification of the copyrighted work(s) claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, including information regarding its location on the Services, with sufficient detail so that we can find and verify its existence.
  4. Contact information about the notifier, including address, telephone number, and, if available, email address.
  5. A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.
  6. A statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receiving a valid notice of copyright infringement, ParkView Cam Inc. will take the following actions:

  1. Remove or disable access to the infringing material.
  2. Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material.
  3. Terminate the content provider’s access to the Services if they are found to be repeat offenders.

**Counter-Notice to the Designated Agent**

If a content provider believes that material that was removed or to which access was disabled is not infringing, or that they have the right to post and use such material, they may send a counter-notice to our Designated Agent. The counter-notice should include:

  1. A physical or electronic signature of the content provider.
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
  1. A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
  2. The content provider’s name, address, telephone number, and, if available, email address, and a statement that the content provider consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, for any judicial district in which ParkView Cam Inc. is located, and that the content provider will accept service of process from the person who provided notification of the alleged infringement.

Upon receiving a valid counter-notice, ParkView Cam Inc. may, at its discretion, send a copy of the counter-notice to the original complaining party informing them that ParkView Cam Inc. may replace the removed material or cease disabling it within 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the content provider to restrain them from engaging in infringing activity, the removed material may be replaced or access to it restored.

**Designated Agent Contact Information:**

ParkView Cam Inc.

PO Box 1343

St. Petersburg, Florida, 33731

Attn: Aaron Angst

Email: Joinparkview@gmail.com

**Content Responsibility**

You are solely responsible for any content or information you post or share through the Services. ParkView Cam Inc. does not endorse any content or information provided by users and assumes no liability for any errors, omissions, or misrepresentations in that content. We cannot and do not guarantee the identity of any users with whom you interact while using the Services and are not responsible for which users gain access to the Services.

**Third-Party Websites and Services**

The Services may include links to third-party websites or services that are not owned or controlled by ParkView Cam Inc.. When you access third-party websites or use third-party services, you do so at your own risk. ParkView Cam Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit.

By using the Services, you release ParkView Cam Inc. from any and all liability arising from your use of any third-party website or service.

**Disputes Between Users**

If a dispute arises between you and another user of the Services, or between you and any third party (including ParkView Partners, e-commerce suppliers, camera hosts, or any and all third party), you agree that ParkView Cam Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ParkView Cam Inc., its directors, officers, employees, agents, and successors from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

In addition, you waive any rights under Florida Civil Code and California Civil Code Section 1542 (or any similar law of any jurisdiction), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

**Cost of Services**

ParkView Cam Inc. offers both free and paid services, and also sells Products.

**Free Services:**

– Access to certain live video content.

– Access to limited forecast data.

These free services are subject to change at any time.

**Paid Services:**

ParkView Cam Inc. offers a Premium Subscription, which includes additional features beyond the free services, depending on current offerings. These features may include:

– Ad-free camera streams.

– Forecast guidance for planning trips to ParkView Live Stream Locations.

– Access to updated weather of ParkView live stream locations.

(Collectively referred to as the “Paid Services”). ParkView Cam Inc. reserves the right to modify its Paid Services at any time.

**Camera Rewinds:**

ParkView Cam Inc.’s camera rewind feature (“Rewinds”) may allow certain users to view or download content captured by ParkView Cam Inc. cameras for a limited period. Rewinds may also allow users to mark for storage certain footage through their account. ParkView Cam Inc. makes no warranties or representations regarding the capture, retention, storage, or availability of any Rewinds. The quality, accessibility, and availability of Rewinds are not guaranteed, and ParkView Cam Inc. is under no obligation to make any Rewinds available or accessible, even if marked for storage by a user. The use of Rewinds is governed by ParkView Cam Inc.’s Privacy Policy.

**E-Commerce:**

Through our e-commerce properties and/or mobile applications, you may purchase Products at the prices listed on those pages. Any discounts offered are for your personal use only, and you are prohibited from purchasing Products for resale to others. ParkView Cam Inc. reserves the right to limit or cancel quantities of Products purchased, and to refuse any order. In the event of a change to an order, ParkView Cam Inc. or its third-party service provider will attempt to notify you using the contact information provided. Prices are quoted in U.S. currency and are valid only in the United States unless otherwise indicated. Prices are subject to change at any time. Sales tax and other applicable taxes will be determined by the shipping address of the order and added automatically. Products will be shipped to the address provided at the time of order. Information about shipping rates and return policies will be available on our support page. Any payment terms presented during the purchase process are part of these Terms.

**Payment and Billing**

  1. **Billing:** We use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your account on the Services (“Billing Account”). Payment processing is subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at [https://stripe.com/us/checkout/legal](https://stripe.com/us/checkout/legal) and their Privacy Policy at [https://stripe.com/us/privacy](https://stripe.com/us/privacy). ParkView Cam Inc. is not responsible for errors or other acts or omissions of the Payment Processor. By purchasing Products, you agree to pay all charges at the prices in effect at the time of purchase in accordance with the applicable payment terms, and you authorize us to charge your selected payment method (“Payment Method”) via the Payment Processor. You agree to make payment using the selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if payment has already been requested or received. Your payment terms will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts due on your Billing Account upon demand.
  1. **Recurring Billing:** By choosing a Premium Subscription, you acknowledge that the Services include an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
  1. **Auto-Renewal for Premium Subscriptions:** Unless you opt out of auto-renewal through your account settings, any Premium Subscription(s) you have signed up for will automatically renew for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional rate. To change or resign from your Premium Subscription(s) at any time, go to your account settings. If you terminate a Premium Subscription, you may use your subscription until the end of your current term, and your subscription will not be renewed after your current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PREMIUM SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR PARKVIEW CAM INC. ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, PARKVIEW CAM INC. WILL NOT REFUND ANY FEES ALREADY PAID.
  1. **Reaffirmation of Authorization:** Your non-termination or continued use of a Premium Subscription reaffirms that we are authorized to charge your Payment Method for that Premium Subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the Premium Subscription or depending on the Services used.
  1. **Change in Amount Authorized:** If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to changes in the amount of state sales taxes), you have the right to receive notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle. If you were provided a discount when you initially signed up for a Premium Subscription, that discount only applies to your initial subscription period, and your subscription will be automatically renewed at the full subscription price unless you cancel your subscription prior to the end of your current subscription period.
  1. **Current Information Required:** YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
  1. **Free Trials and Other Promotions:** Any free trial or other promotion that provides access to the Services for free or free Premium Subscriptions must be used within the specified time of the trial. You must stop using a Premium Subscription before the end of the trial period in order to avoid being charged for that Premium Subscription. If you cancel before the end of the trial period and are inadvertently charged for a Premium Subscription, please contact us at Joinparkview@gmail.com.

**Mobile Applications and In-App Purchases**

You acknowledge and agree that the availability of our mobile application depends on the third-party stores from which you download the application, such as the Apple App Store or Google Play Store (each referred to as an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including payment provisions directly through that store, and managing and canceling subscriptions and auto-renewals directly through that platform. You agree to comply with these App Store terms and conditions as a condition of your license to use our application. To the extent that other terms and conditions from an App Store are less restrictive than or conflict with these Terms of Use, the more restrictive or conflicting terms in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service, and you are agreeing to their respective terms and conditions, available at [Apple iTunes](http://www.apple.com/legal/internet-services/itunes/us/terms.html) and [Google Play](http://play.google.com/intl/en_us/about/play-terms.html). ParkView Cam Inc. is not a party to any In-App Purchase.

**Use of the ParkView Cam Inc. App on Apple Devices**

These Terms apply to your use of all the Services, including our iOS applications (“Application”) available via the Apple, Inc. (“Apple”) App Store. However, the following additional terms also apply to the Application:

  1. Both you and ParkView Cam Inc. acknowledge that these Terms are concluded between you and ParkView Cam Inc. only, and not with Apple, and that Apple is not responsible for the Application or its content.
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for use in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as applicable to the Services.
  3. You will only use the Application in connection with an Apple device that you own or control.
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund the purchase price, if any, of the Application.
  6. You acknowledge and agree that ParkView Cam Inc., and not Apple, is responsible for addressing any claims you or any third party may have regarding the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, ParkView Cam Inc., and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  8. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  9. Both you and ParkView Cam Inc. acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
  10. Both you and ParkView Cam Inc. acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

**Termination of Services**

You are free to stop using the Services at any time by canceling your account or contacting us at Joinparkview@gmail.com. Please refer to our Privacy Policy and the licenses outlined above to understand how we handle information you provide to us after you have stopped using our Services.

ParkView Cam Inc. reserves the right to terminate (or suspend access to) your use of the Services or your account at any time, for any reason, including but not limited to your breach of these Terms. ParkView Cam Inc. has the sole discretion to decide whether you are in violation of any of the restrictions set forth in these Terms. For instance, Users who believe that a “ParkView Partner” is in breach of these Terms do not have the right to enforce these Terms against that “ParkView Partner”.

Account termination may result in the destruction of any content associated with your account, so please keep this in mind before deciding to terminate your account. If you delete your account by mistake, contact us immediately at Joinparkview@gmail.com, and we will try to assist you, though we cannot guarantee the recovery or restoration of any content.

Provisions that by their nature should survive termination of these Terms will survive, including but not limited to obligations to pay us, indemnify us, limitations on our liability, ownership rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

**Warranty Disclaimer**

Except as explicitly set forth in the sections above, ParkView Cam Inc. and its licensors, suppliers, partners, parent companies, subsidiaries, affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively, the “ParkView Cam Inc. Parties”) make no representations or warranties regarding the Services, including but not limited to any content contained within or accessed through the Services or any Products. The ParkView Cam Inc. Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of materials contained within or accessed through the Services, or for any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising from your participation in or use of the Services.

The ParkView Cam Inc. Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including but not limited to any Products or “ParkView Partner” Services. Except as explicitly stated above, all Products and services purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from the ParkView Cam Inc. Parties or others (unless, with respect to such others, explicitly and unambiguously provided in writing by a designated third party for a specific product).

THE SERVICES AND CONTENT ARE PROVIDED BY PARKVIEW CAM INC. (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

**Limitation of Liability**

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW , UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PARKVIEW CAM INC. PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PARKVIEW CAM INC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

**Indemnity**

You agree to indemnify and hold the ParkView Cam Inc. Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

**Assignment**

You may not assign, delegate, or transfer these Terms or your rights or obligations under these Terms, or your Services account, in any way (by operation of law or otherwise) without ParkView Cam Inc.’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

**Choice of Law**

These Terms are governed by and will be construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.

**Arbitration Agreement**

Please read the following ARBITRATION AGREEMENT carefully, as it requires you to arbitrate certain disputes and claims with ParkView Cam Inc. and limits the manner in which you can seek relief from ParkView Cam Inc.. Both you and ParkView Cam Inc. acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, ParkView Cam Inc.’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries hereof.

(a) **Arbitration Rules; Applicability of Arbitration Agreement.** The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Pinellas County, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) **Costs of Arbitration.** The Rules will govern the payment of all arbitration fees. ParkView Cam Inc. Parties will bear their own costs and fees. ParkView Cam Inc. will seek its attorneys’ fees and costs in arbitration.

(c) **Small Claims Court; Infringement.** Either you or ParkView Cam Inc. may assert claims, if they qualify, in small claims court in Pinellas County, Florida, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) **Waiver of Jury Trial.** YOU AND PARKVIEW CAM INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and ParkView Cam Inc. are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and ParkView Cam Inc. over whether to vacate or enforce an arbitration award, YOU AND PARKVIEW CAM INC. WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(e) **Waiver of Class or Consolidated Actions.** ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor ParkView Cam Inc. is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) **Opt-out.** You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: PO Box 1343 Saint Petersburg, Florida 33731, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) **Exclusive Venue.** If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or ParkView Cam Inc. to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and ParkView Cam Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Pinellas County, Florida, or the federal district in which that county falls.

(h) **Severability.** If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with ParkView Cam Inc..

**Miscellaneous**

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that ParkView Cam Inc. may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

You and ParkView Cam Inc. agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ParkView Cam Inc., and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms (except with respect to any additional waiver(s) that you may execute in connection with ParkView Cam Inc. website or app, or your attendance at any of the live streamed ParkView Cam Inc. live streamed locations, which waiver terms shall be supplemental to the Terms herein). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ParkView Cam Inc., and you do not have any authority of any kind to bind ParkView Cam Inc. in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and ParkView Cam Inc. agree there are no third-party beneficiaries intended under these Terms.