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TERMS OF SERVICE
These terms and conditions are effective immediately for those registering accounts on or after January 1, 2013.
These terms and conditions (the "Terms") govern your access to and use of VideoSurveillance.com websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with VideoSurveillance.com LLC, an Oregon limited liability company headquartered in Portland, Oregon ("VideoSurveillance.com"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to VideoSurveillance.com.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "VideoSurveillance.com Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than VideoSurveillance.com or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and VideoSurveillance.com Content.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
A. Responsibility for Your Content You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by VideoSurveillance.com. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against VideoSurveillance.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and VideoSurveillance.com, you own Your Content. We own the VideoSurveillance.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the VideoSurveillance.com Content and the Site, which are protected by copyright, trade dress, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the VideoSurveillance.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the VideoSurveillance.com Content are retained by us.
VideoSurveillance.com and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of VideoSurveillance.com. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove camera pins placed in CommunityCam. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Violate our content guidelines for example, by adding fake cameras or defamatory reviews, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
ii. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by VideoSurveillance.com;
v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
vi. Solicit personal information from minors, or submit or transmit pornography; or
vii. Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Violate the Terms;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by VideoSurveillance.com;
iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
iv. Reverse engineer any portion of the Site; v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
vi. Record, process, or mine information about other users;
vii. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
viii. Reformat or frame any portion of the Site;
ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on VideoSurveillance.com's technology infrastructure or otherwise make excessive traffic demands of the Site;
x. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
xi. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
xii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xiii. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
6. GUIDELINES AND POLICIES
You agree to indemnify, defend, and hold VideoSurveillance.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "VideoSurveillance.com Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. VideoSurveillance.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of VideoSurveillance.com. VideoSurveillance.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE VIDEOSURVEILLANCE.COM ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE VIDEOSURVEILLANCE.COM ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE VIDEOSURVEILLANCE.COM ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE VIDEOSURVEILLANCE.COM ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
B. THE VIDEOSURVEILLANCE.COM ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE DATA AND INFORMATION OFFERED BY THE COMMUNITYCAM(SM) SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE VIDEOSURVEILLANCE.COM ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
C. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
D. THE VIDEOSURVEILLANCE.COM ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE VIDEOSURVEILLANCE.COM ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. E. THE VIDEOSURVEILLANCE.COM ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
10. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
C. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
E. Any failure on VideoSurveillance.com's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with VideoSurveillance.com's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
H. The section titles in the Terms are for convenience only and have no legal or contractual effect.
I. Oregon law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and VideoSurveillance.com (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED PORTLAND, OREGON.
Protecting your privacy is of the utmost important to us at VideoSurveillance.com. This policy explains how we collect, use and disclose the personal information you may provide while using this website. It is always your choice whether to provide personal information through the website. Any personal information you provide will be treated with care, and subject to this policy, will not be used or disclosed in ways to which you have not consented. Also, you may opt-out of certain uses and disclosures of your personal information, as explained in this policy.
1. By using the website, you signify your consent to our collection, use and disclosure of your personal information in accordance with this policy.
INFORMATION AUTOMATICALLY COLLECTED
2. Non-Identifiable Information: Like many other websites, the website automatically collects certain non-identifiable information regarding website users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the website, the Internet address of the website from which you linked directly to the website, the operating system you are using, the sections of the website you visit, the website pages read and images viewed and the content you download from the website. This non-identifiable information is used for website and system administration purposes and to improve the website. We also may use non-identifiable information to initiate interactive, real-time discussions with users. Your non-identifiable information may be disclosed to others and permanently archived for future use.
4. Tracking Information: We may use non-personal information to create aggregate tracking information reports regarding the website's user demographics, traffic patterns and purchases. None of the tracking information in the reports can be connected to the identities or other personal information of individual users.
PERSONAL INFORMATION YOU SPECIFICALLY PROVIDE
5. Your Personal Information: During your website use, you may be asked to voluntarily provide certain personal information, such as your name email address, postal address, telephone number or credit card information. This information is used to make communicating with you easier and to help you carryout transactions. It is always your choice whether to provide personal information; unfortunately, without providing the requested information, certain site features will not be accessible, and you will not be able to make any transactions through the site. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or delete it by making the change to your account information by visiting the My Account section of our website or by contacting us by telephone or postal mail at the contact information listed below.
6. Use of Your Personal Information: We may use your personal information to contact and correspond with you, to respond to your inquiries, to process transactions and payments and to facilitate and enhance your use of the website. We may develop a confidential customer profile for you, which will be used to provide the very best service to you.
7. Emails from us: From time to time, we may send email, or other communications containing information about us or other matters that we believe will interest you. At any time you may ask us to stop sending you email and other information by unsubscribing. We respect your privacy and do not sell, rent or abuse the customer email list. Also, each email sent by us will tell you how to unsubscribe from further emails.
8. Disclosure of Your Personal Information: We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. We may disclose your personal information in the following circumstances:
(i) Disclosure to Service Providers: In order to process transactions, we must disclose some of your personal information to certain service providers, such as your credit card issuer, a third-party credit verification company, the product handler, and delivery service. Before personal information is disclosed, the service provider will agree with us to protect the privacy of your personal information in a manner that is consistent with this policy. If you do not wish us to provide your personal information to those service providers, you may not use the website for transactions.
(ii) Law Enforcement and Legal Disclosure: We may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where we has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to our legal counsel.
9. Accessing Your Personal Information: You may request access to your personal information and information about our collection, use and disclosure of that information, by contacting firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information and the ability to have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
10. The security of your personal information is extremely important to us. When you enter sensitive information, such as a credit card number on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We use reasonable security measures to protect the confidentiality of the personal information submitted to us both during transmission and once we receive it. VideoSurveillance.com cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. If you have any questions about security on our website, please contact us.
11. Contests and Promotions: If contests or promotions are made available through the website, the applicable contest or promotion rules may include rules regarding the collection, use and disclosure of personal information. To the extent that those specific rules conflict with this policy, the contest rules supersede this policy, regarding personal information collected in connection with the contest or promotion.
12. We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
13. Policy Changes: To accommodate changes on the website, changing technology and legal developments, we have the sole discretion to change this policy from time to time without any prior notice or liability to you or any other person. New versions of this policy will be posted here. Our collection, use and disclosure of your personal information will be governed by the version of this policy in effect at that time. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. Accordingly, when you use the website you should check the date of this policy and review any changes since the last version.