GeoVision Inc. April 7, 2015. TERMS
AND CONDITIONS OF USER
AGREEMENT IMPORTANT NOTICE PLEASE BE NOTICED AND ADVISED THAT ALL ACCESSES/USES SERVICES OF GEOVISION CLOUD CAMERAS SHALL BE CONNECTED TO THE WEBSITE ONLY. GEOVISION MAY PROVIDE SEVERAL FREE TRAIL PROGRAMS AND YOU MAY SELECT AND KEEP/USE GEOVISION CLOUD CAMERA TO ACCESS SERVICES THROUGH THE WEBSITE DURING THE TERM OF FREE TRAIL PROGRAM. AT THE END OF FREE TRAIL, GEOVISION AGREES TO REBATE IF YOU DO NOT AGREE TO JOIN AND PAY FOR THE PROGRAM. AFTER THE END OF FREE TRAIL, IF YOU AGREE TO JOIN OR FAIL TO PERFORM DISAGREE WITH THE PROGRAM, GEOVISION WILL NOT REFUND TO YOU AFTER 30 DAYS. PLEASE READ OUR WARRANTY POLICY/TABLE, TERMS OF USE SET FORTH IN OFFICIAL WEBSITE CAREFULLY BEFORE ACCEPT THIS AGREEMENT.
(AFTER YOU CLICK AGREE WHEN SIGN UP FOR REGISTRATION ACCOUNT) BY USING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS OF USE INCLUDING GEOVISION LIMITED WARRANTY POLICY/ TERMS OF USE SET FORTH IN THE WEBSITE WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, OR IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE AND CAMERAS. PLEASE BE ADVISED THAT THE CONTENT OF EACH PROGRAM WILL BE TREATED AS PART OF THIS AGREEMENT. These Terms of Use, together will the limited warranty policy and all other applicable terms and conditions, constitute your agreement with us (the “Agreement”). GeoVision may modify or amend these Terms of Use from time to time and such modification or amendment shall be effective upon posting and your continued use of the Website or Services thereafter shall constitute your acceptance of the amended Terms of Use. If you do not agree to the modification or amendment, you must cease your use of the Website. Account Users (as defined below) will be provided 30 days notice in advance of any modification or amendment to these Terms of Use.
Certain
portions of the Website may be accessed only by GeoVision account
users
(“Account users”).
Additional terms and conditions will apply to each Account User
of GeoVision. On requesting a GeoVision account, you warrant that all
information you submit to us is true and accurate and that you are of
sufficient legal age in your jurisdiction to create binding legal
obligations. 2. Term – Account Users For
Account User
s, subject to these Terms of Use, including any provisions which by
their terms are meant to survive cancellation and termination, and
any other applicable terms and conditions, this Agreement shall be in
force for the length of time that the account remains active. Your
account will terminate automatically at the end of the applicable
subscription period if your subscription to the Website is not
renewed. We may immediately terminate your account if you are in
breach of this Agreement. We may also terminate your account on 5
days notice if for any reason we stop providing the Website or
Services. We may terminate your account for any other reason, but in
advance of such termination, we will provide you with notice either
(a) 30 days in advance of termination, or (b) such period in advance
of termination that is equal to the remaining subscription period if
the applicable subscription period ends 30 days or less from the date
of the notice, whichever period is shorter. For greater certainty,
GeoVision is not obligated to provide notice in advance of
termination resulting from the expiry of a subscription period, and
nothing in these Terms of Use shall oblige GeoVision to offer to you
renewal of your subscription for the Services. 3. Survival The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Use/Limited Warranty Policy, and any indemnification obligations imposed upon you hereunder, shall survive any cancellation or termination of this Agreement. 4. Payment and deduction You are responsible for paying all fees together with all applicable taxes associated with your account and the Service. Applicable fees are set out on the Website, and may be modified from time to time at GeoVision’s sole discretion. Any requirement to pay any fee or other payment in connection with your use of the Website are part of and subject to these Terms of Use. Failure to pay any fee when due is a breach of this Agreement. Under warranty policy, GeoVision may provide refund of service charge for the duration of an RMA, counting from the day we receive the RMA unit to the day the unit is shipped back to you, refund amount measured in 7 day increments. Please contact GeoVision (support@GeoVision.com) or distributor for detail information. 5. User Information GeoVision’s
use of your personal information and any other information provided
to us by you in connection with the Website (“User
Information”), which for greater certainty includes any
information provided or created and stored in connection with the
Service (such as video recordings or live streamed information), is
subject to the GeoVision Limited
Warranty Policy/Terms
of Use.
You are responsible for the accuracy and quality of such User
Information. You are responsible for the legality of all User
Information, and you agree that you are solely responsible for the
complying with any applicable laws, including those related to
privacy and intellectual property rights or ownership, in respect of
any disclosure to us or use of User Information in connection with
the Website. 6. Disclaimer of Warranty, Limits of Liability and Indemnity THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEOVISION IS NOT LIABLE TO YOU FOR ANY LOSS YOU SUFFER IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE AND SERVICES, ANY LINKED WEBSITES OR ANY SOFTWARE AVAILABLE AT THE WEBSITE. IN NO EVENT SHALL GEOVISION, ITS SERVICE PROVIDERS, AFFILIATES, ASSOCIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LABOR OR EMPLOYEE COSTS, DATA LOSS OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. EVEN IF GEOVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE GEOVISION'S WEBSITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT GEOVISION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 7. Intellectual Property Rights GeoVision
is the owner of the Product and has all
intellectual property rights in or to Product including but not
limited all good will, trade names, trademarks, copyrights, patents
and other intellectual property rights relating thereto. All software, materials, information and content offered by GeoVision are protected by copyright and other applicable laws. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the prior written permission of GeoVision. You may not reverse engineer the Services and/or any of GeoVision’s technology or software for any purpose whatsoever. 8. Right to Use GeoVision
hereby grants to the Account User
a non-exclusive, non-transferrable right to use the Service, subject
to these Terms of Use. All rights not expressly granted to you are
reserved to us. 9. Compliance with Laws You shall abide by all local, Provincial, national, and foreign, laws, treaties and regulations in connection your use of the Website, including those related to privacy. 10. Prohibited Behaviour You
agree that you will not: 11. Indemnity You agree to fully indemnify and hold harmless GeoVision, and all our personnel and agents from and against all damages, losses, expenses and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any circumstances related to your negligence or wrongful conduct when using the Website. 12. General These Terms of Use shall be governed by the law of Taiwan or the place where Account User located. Any claim or dispute between you and GeoVision that arises in whole or in part from the GeoVision Website shall be decided by court of competent jurisdiction located in Taiwan or court where Account User located. This Agreement, together with the, any other legal notices published by GeoVision on the Website, and any other applicable terms and conditions of use shall constitute the entire agreement between you and GeoVision concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GeoVision 's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any rights not expressly granted by these Terms of Use are reserved to GeoVision. 13. Force Majeure Neither party shall be in default if failure to perform any obligation hereunder is caused by supervening conditions beyond the failing party’s control, provided that the party seeking excuse is reasonably diligent in attempting to remedy the supervening condition, uses reasonable efforts to notify the other party of the supervening condition, and resumes performance as soon as possible. 14. RENEW, CANCEL AND TERMINATION This Agreement will be automatically-effective and renewed if you join or continue use of the program. You may cancel at any time and the service/charges will be terminated after 2 weeks of cancellation notice. GeoVision reserves the right to terminate this Agreement at any time in the event of you breach any terms and conditions of this Agreement. 15. Language The parties hereto have expressly requested these Terms of Use to be drawn up in the English language. In case of discrepancies English version shall be taken as primary one. 16. Notice Any notice required under this agreement to be given by writing shall be delivered to us at support@GeoVision.com.
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