Terms Of Use

Effective October 21, 2014

Welcome to www.comfortcam.com and/or the ComfortCam mobile application (collectively the “Website”), owned and operated by ComfortCam (also referred to in these Terms of Use as “we” or “us”). Our Website offers parents the ability to purchase wired/wireless cameras that permit you to monitor your children while they are in your home (“Services”). By using the Website, you agree to be bound by these Terms of Use. We may modify these Terms of Use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.

Term. These Terms of Use shall remain in full force and effect for the entire time you use the Website.

Use of Website. This Website is intended for people at least 18 years of age who are located within the United States. If you register for an account and we discover that you are younger than 18 years old, we will immediately terminate your account and destroy any information we have collected. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.

Camera. Our Service only works with the ComfortCam camera, and the camera is available for sale through the Website. These cameras come with a limited guarantee, so if you experience any problems with your camera, or if your camera was damaged when you received it, please contact us at support@comfortcam.com.

Personal Information. In order to purchase a camera and/or use certain features of the Service, you must provide us with certain information, including your name, email address, phone number, and shipping address. We may suspend or terminate your access to the Service at any time if you violate these Terms or any other policies of ComfortCam.

Subscriptions. We offer a 30-day trial subscription to our Services when you purchase a camera and create an account with us. Our subscriptions are on a month to month basis managed by either Google or Apple (depending on your device[s]), so when your 30-day trial ends you will have the option to subscribe for another month. Yearly membership must be cancelled within 30 days of the trial otherwise you will be billed the full amount and will not be eligible for a refund of any kind.

ComfortCam may cancel your subscription at any time for any reason without prior notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your subscription unless the cancellation is related to the conduct that ComfortCam determines, in our sole discretion (i) violates the ComfortCam terms, the ComfortCam Terms of Service or any applicable law: (ii) involves fraud or misuse of your subscription: or (iii) is harmful to our interests or another user.

Pricing. We reserve the right to change our fees, from time to time and in our sole discretion. In the event that our fees are modified and you have a paid subscription, you will be notified of the modification prior to your next billing cycle. If you do not cancel your subscription before the new billing cycle begins, you will have been deemed to have consented to the new fee and will be charged the new fee each month until you cancel your subscription.

Payment. PayPal processes all payments for products or services received through our Website. We do not collect your credit card or other billing information, nor do we store your payment information. We strongly recommend that you review the PayPal terms of use and privacy policy before making any purchases through the Website.

Use of Service. We offer different levels of engagement with the Service depending on whether or not you have a subscription. With a subscription, you can view the video from your camera on your computer or mobile device as long as you have a data connection. Without a subscription you will be able to view the video from your camera on your computer or mobile device only on your home wifi network. Once you leave the service area of your wifi network, you will lose access to the video feed until you return to the wifi service area.

Use on Mobile Devices. You may incur service charges from the data provider for your mobile device if you use our Service while not connected to a wifi network. ComfortCam is not responsible for any charges you incur from your service provider due to your use of ComfortCam, whether or not you have been made aware of the possibility of such charges, and you agree to indemnify and hold harmless ComfortCam, its officers, agents, employees, representatives and assigns, from any claim for charges related to your use of the Service on a mobile device or for any other charges incurred based on data or other usage.

External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). We expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.

Ownership and License. Except as otherwise stated, the Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by ComfortCam, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions. We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website. The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for non-commercial use only. Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to ComfortCam and its affiliates. You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.

User Content. You are solely responsible for any message or other information (collectively, “Content”) that you submit to ComfortCam either through the Website or via any other method, and you agree that all Content will be original and created by you (or you have permission to reuse such Content), and you grant us a non-exclusive, irrevocable, perpetual license to use said Content in any form or manner in which we determine, including the right to modify, edit, perform and otherwise use the Content. You agree to use the Website in a manner consistent with all applicable laws and regulations. We reserve the right to review and, if necessary, refuse to post Content that in our sole judgment would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user. Prohibited Content includes Content that:

  1. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
  2. harasses or advocates harassment of any group or individual, or
  3. involves the transmission of junk mail, chain letters, or spam, or
  4. is known to be false or misleading, or promotes illegal activities, or
  5. promotes an illegal or unauthorized copy of another’s copyrighted work, or
  6. contains restricted or password-only access pages or hidden pages or images, or
  7. provides material that is sexual in nature, or
  8. provides instructional information about illegal activities, or
  9. solicits passwords or personal identifying information for commercial or unlawful purposes.

 

Disclaimer of Warranties. COMFORTCAM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH LIMITATION IS PROHIBITED FOR ANY REASON, THEN YOU AGREE THAT COMFORTCAM’S TOTAL LIABILTY TO YOU SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT THAT YOU PAID TO COMFORTCAM DURING THE 6 (SIX) MONTHS PRIOR TO THE ACCRUAL OF YOUR CLAIM.

Indemnification. You agree to indemnify and hold harmless ComfortCam, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website.

Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for New York County, New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.

Privacy Policy. Your use of the Website is also governed by our Privacy Policy,

Miscellaneous. These terms constitute the entire agreement between you and ComfortCam regarding use of the Website, unless your membership subjects you to additional terms. The failure of ComfortCam to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect. If you do not agree to these Terms of Use, please stop using this Website immediately.

COMFORTCAM, LLC SALES AND USE TAX POLICY STATEMENT
We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
COMFORTCAM, LLC COLLECTS SALES TAX in states where we have physical presence (or nexus), including New York. ComfortCam, and LLC also collects sales tax in Massachusetts. ComfortCam, LLC also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.
COMFORTCAM, LLC DOES NOT COLLECT SALES TAX in any state NOT listed above because ComfortCam, LLC is not required to collect sales or use tax in these states.
FOR OUR TAX-EXEMPT CUSTOMERS:
COMFORTCAM, LLC DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.