Term of Service

Important note:FOSCAM, INC.(hereinafter referred to as "FOSCAM ") Hereby specially remind you to carefully read and fully understand the FOSCAM cloud service agreement (referred to as "agreement").

Please read carefully all the terms and conditions of this agreement before you use FOSCAM cloud service. If you cannot accept all the terms and conditions, please do not register, login and use the FOSCAM cloud services. Once above mentioned behaviors occurred, it means you have agreed and accepted all terms and conditions.

This is an agreement about registration, login and use of FOSCAM cloud service between you (hereinafter referred to as "user") and FOSCAM. It defines the right and obligations between user and FOSCAM. The user is units or individuals who register, login and use this agreement.

FOSCAM can update this agreement at anytime and anywhere. Upon new revised agreement published, old version shall be invalid. If don’t accept new agreement, user can stop using FOSCAM cloud service. In case continue using FOSCAM cloud service, user shall be regarded already agreed and accepted new agreement.

 

1、Introduction of FOSCAM cloud services

 

FOSCAM cloud service is a service platform for video viewing without any own content. After connected surveillance devices with our cloud server, user can view the live video or history record, as well as add or delete the connected devices based on the needs. User need bear all charges it incurred.

 

2、Important Notice

 

2.1 Account Registration

2.1.1 Registering an account on www.myfoscam.com need provide accurate information of individual or unit (including but not limited to, the user name, password, email, mobile phone number, etc.). User can set the name and password. After application is successful, the user can login and use the service.

2.1.2 All information from user must be true and accurate, FOSCAM will not undertake any responsibility for unusable of cloud service due to wrong information or another reasons from the user. Please always keep all information complete and correct.

2.2 Account Activation

2.2.1 Due to the service apply to only FOSCAM’s network devices, the registered account will only be activated in the corresponding equipment online. In case the account is not activated within 30 days after registration, FOSCAM has the right to cancel the account.

2.3 Account Security

2.3.1 FOSCAM does not undertake any responsibility for any results from use of account.

2.3.2 User has the responsibility to protect the account and password safety, FOSCAM does not bear any responsibility for illegal usage of user name and password due to user's own reasons, including but not limited to disclose the account, password and other registration information to any third party; share the same account with many people; install illegal or untrusted programs. In case the unlawful action was discovered, user shall notify the FOSCAM immediately.

2.3.3 In case found user is not the account registrant, FOSCAM has the right to temporarily freeze the account without notice. User shall be held fully responsible for all the consequences, such as user account freeze, unable to check information, video data loss. In case unlawful usage or login was discovered, please immediately notify FOSCAM to freeze the account.

2.3.4 If have lost or forgotten password, user can retrieve it through the registered user name and mobile phone number. Due to FOSCAM's password recovery mechanism can not identify whether the mobile phone number user is real account registrant, FOSCAM does not bear any losses due to Impostor, also does not guarantee that the registered user name and password could be found through user name and mobile phone number.

 

3、Service Regulations

 

FOSCAM ensure FOSCAM cloud service work well, at the same time, the user agrees to abide by the following rules strictly when use the FOSCAM cloud service.

3.1 User agrees that FOSCAM cloud service is only for non-commercial use. Without the written consent of FOSCAM, User will not use the FOSCAM cloud service for sales or other commercial purposes. Otherwise, FOSCAM can stop the service immediately, also reserves the right to pursue its legal responsibility and compensation for damage.

3.2 When use "FOSCAM cloud services", user shall comply with the following principles.

(1) Abide by the relevant regulations and policies of your country;
(2) Comply with all web service network agreement, the terms and procedures;
(3) Login and use only through www.myfoscam.com and other legal channels;
(4) Do not use the service for any illegal activity, breaking the law, invasive of privacy or slander purpose;
(5) Do not use the service to affect the normal work of Internet;
(6) Do not use the service to injure FOSCAM
(7) If there are any illegal uses or bug in the system, User should notify FOSCAM immediately;
(8) Do not use plug-in or other means, like cheating, dishonest or unfair activity to participate in this service.

3.3 FOSCAM keeps the rights of upgrade and adjustment at any time. After the service version has been upgraded or adjusted, it may involve the upgrade for browser plugin, mobile phone client and terminal equipment software; The user shall upgrade according to the relating to the software, otherwise the user can not enjoy the new functions, Meanwhile, FOSCAM does not guarantee the old version is still available. In addition, FOSCAM retains the right to change or limit some functions effect. User agree to take the risk.

 

4、Value-Added Service

 

4.1 According to the development of market and technology, FOSCAM will provide all kinds of value-added internet and communication services, including free and chargeable services. FOSCAM reserves the right to charge fees and changes of relevant standard & way. In case FOSCAM informed the user that the related free services has changed, the user can choose accept or rejection, and guarantee the charges will be paid according to the related rules. In case protest or delinquencies, FOSCAM has right to stop the service and reserve the recourse.

4.2 FOSCAM has right to advertise on the web site, including but not limited to the system message or pop-up window.

 

5、Intellectual Property Rights

 

5.1 FOSCAM cloud service including any text, graphics, audio, video and software (including but not limited to software contains graphics, animation, audio, video, data and program, practical, interface code, documentation and other information or material) belong to FOSCAM, and protected by copyright law, trademark law or other laws and regulations. In addition to the use of FOSCAM cloud service and enjoy limited use right, without the written consent of FOSCAM, the user shall not use such information and material in any way, nor copying, translation, decomposition, anti editing and other methods to convert the target code to the source code.

5.2 This Agreement does not grant the user to use any trademarks, service marks, domain names and other notable features brand rights from FOSCAM.

5.3 Except as expressly permitted by this agreement, the user can not modify, lease, sell, distribute and copy the service, also create derivative and use in commercial purposes by any means is not allowed.

 

6、Privacy Protection

 

6.1 FOSCAM fully respects and protects user’s privacy. Without consent of the user, FOSCAM will not open or disclose user’s information to any third party, except the following situations:

(1) Get the consent of the user;
(2) The requirements of relevant laws and regulations;
(3) The requirement from the government departments;
(4) To safeguard the public interest;
(5) To maintain the legitimate rights and interests of FOSCAM.

6.2 In order to provide the better experience and improve the service quality, FOSCAM may cooperate with third parties to provide related services to the user. In this case, If the third party agreed to bear the responsibility to protect user privacy as FOSCAM, FOSCAM can provide the user's personal information to the third party.

6.3 Based on non-disclosure of user’s privacy , FOSCAM has right to analyze and use entire user database (including but not limited to, analyze and publish the user number, access time, user preferences and other user data).

More details about privacy notices, please go to our Privacy Notices.

 

7、Legal liability and Disclaim

 

7.1 All Foscam’s responsibility is same or less than the price users paid for “FOSCAM cloud service”.

7.2 User understands and agrees to undertake all risks of using the FOSCAM cloud services. If the user violates the relevant laws, regulations or any provisions of this agreement, FOSCAM has the right to take some actions without prior notice including but not limited to service interrupt, usage restriction, user account freeze or delete, service termination, pursue legal responsibility, and user agrees to take the losses from FOSCAM or any third parties.

7.3 In the maximum extent permitted by applicable law, FOSCAM does not guarantee the service own all function and apply to all users, including but not limited to suitability, stability, virus-free, no negligence or no technical flaws of www.myfoscam.com, ownership and non-infringement express , implied warranties and conditions. FOSCAM does not warrant that requirement satisfied, service interruption, service timeliness, security, error occurred, also whether information can be transmitted accurately, timely and smoothly.

7.4 Service may contain third party web sites or resources links. FOSCAM does not guarantee the link availability, accuracy, content, related products and services. The user shall take full responsibility for the usage of the websites and recourses.

7.5 In the maximum extent permitted by applicable law, FOSCAM does not assume any responsibility for losses during usage (including but not limited to personal injury, privacy leak, integrity or any liability for negligence, and losses or damages).

7.6 User understands and willing to take related risks about using this service, including influenced by the various links of unstable factors , irresistible, computer viruses, hacker attacks, the instability of the system, user shutdown, illegal content information, harassment and any other network, information screening technology, communication lines, computer fault, information security management measures and other causes of service interruption, blocked, unable to meet the needs of users of risk. These risks may incur video data receive failed, received wrong data or suffer the loss; FOSCAM does not bear any responsibility.

7.7 If any disputes are arising from the third party’s software or the service, the third party shall be responsible for it. FOSCAM does not bear any responsibility and offer support to the third party. In case the user needs to get support, please contact the third party.

 

8、Interruption or Termination

 

8.1 In case the following circumstances incurred the service interruption or termination, FOSCAM does not assume any responsibility:

(1) Preventive maintenance or recondition service platform, update hardware and software etc.;
(2) The server is damaged, can not work well;
(3) Sudden fault, like hardware equipment and electronic communication etc.
(4) The network provider lines or other fault;
(5) In the emergency situation, to safeguard the safety of national, user and third party.
(6) The force majeure and other third party’s causes.

8.2 In addition to the aforementioned circumstances, FOSCAM has right to terminate or stop part or all of the services ahead of 30 days through the notice on the website, which caused the losses of the user or third party, FOSCAM does not bear any responsibility.

 

9.Other terms

 

9.1 Any clause of this agreement in whole or in part is invalid; it shall not affect the validity of other provisions.

9.2 All titles of this agreement have no practical significance, not as a basis for interpretation of the meaning of this agreement.

9.3 Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission(Arbitration Center) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The seat of arbitration shall be Shenzhen. The arbitral award is final and binding upon both parties.

9.4 FOSCAM reserves the right to the interpretation of the above terms and conditions

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