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Terms of Service and Use of MobileCamViewer System

 

Welcome to MobileCamViewer System, a service offered by mobiDEOS, Inc.

MobileIPCamViewer™, WebCamViewer™, MobileIPCamViewer™ are referred as MobileCamViewer™ in the following terms of service and use.

MobileCamStreamer™, MobileCamEnterpriseServer and MobileCamServer and MobileCamViewer are parts of MobileCamViewer System.

By using MobileIPCamViewer System and any data or information accessed from MobileCamViewer System, you agree to be bound by these terms and conditions.

For individual users, MobileWebCamViewer Standard Edition is made available for your personal, non-commercial use only. For business users, MobileWebCamViewer Enterprise Editions are made available for your internal use only and may not be commercially redistributed or resold.

1. Content Provided by Third Parties

The usage of MobileCamViewer System may grant you access to non encrypted imagery provided by your own cameras and third parties, such as, but not limited to, public cameras. MobileCamViewer System makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties, nor will mobiDEOS, Inc. be involved in any disputes regarding the misuse or copyright infringement relating to such content.

2. Photographic Imagery

You may not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the imagery, in whole or in part. You also may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the imagery or any part thereof or use it in any manner not expressly authorized by this agreement. The imagery provided to you by the usage of MobileCamViewer System, unless derived from accessing a camera in your own property, can show unpredictable content which is not controlled or censored by mobiDEOS, Inc. By using MobileCamViewer System you understand that mobiDEOS, Inc. can not be held liable for any imagery transmitted by MobileCamViewer System.

3. Content Delay, Loss and Defects

Depending on numerous factors beyond the control of mobiDEOS, Inc., the imagery provided to you by using MobileCamViewer System may not be instantaneous and you may lose some frames (images). The image content that you view on your screen travels through a number of servers, internet and cellular networks, some of which are not the property of mobiDEOS, Inc., and by using MobileCamViewer System you agree that mobiDEOS, Inc. cannot be held liable for any delay or loss in delivery of the content.

In no event does mobiDEOS, Inc. warrant that MobileCamViewer System is error free or that you will be able to operate MobileCamViewer System without problems or interruptions. mobiDEOS, Inc. commits to, at its sole cost and expense, use commercially reasonable efforts to repair all reasonably identified errors in MobileCamViewer System which are discovered by you during the Warranty Period, and to use commercially reasonable efforts to furnish you, free of charge, with fixes for these errors, defects or deviations or provide a replacement with similar functions without charge to you within such Warranty Period.

We recommend your DVR or IP camera be on Static Public IP for MobileCamViewer to work reliably, if you put your IP cameras or DVR on dynamic DNS, the service may or may not work - we can't gaurantee it as, DDNS service may not be updated in all network nodes.

In addition, the foregoing warranty shall not apply to Hardware (A) provided to you as "sample", (B) provided to you for evaluation, or (C) provided to you at no cost.

4. Appropriate Conduct and Prohibited Uses

You agree that you are responsible for your own conduct and content while using MobileCamViewer System and for any consequences thereof. You agree to use MobileCamViewer System only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using MobileCamViewer, you will not:

* defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

* upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;

* upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the Rights or have the permission of the owner to post such content;

* upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.

* impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

* use MobileIPCamViewerSystem for any illegal or unauthorized purpose;

* remove any copyright, trademark or other proprietary rights notices contained in or on MobileIPCamViewerSystem software;

* interfere with or disrupt MobileIPCamViewerSystem services or servers or networks connected to MobileIPCamViewerSystem services, or disobey any requirements, procedures, policies or regulations of networks connected to MobileIPCamViewerSystem services;

* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of MobileIPCamViewerSystem services or collect information about users for any unauthorized purpose;

* submit content that falsely expresses or implies that such content is sponsored or endorsed by MobileIPCamViewer;

* create user accounts by automated means or under false or fraudulent pretenses;

* promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

* transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

5. MobileCamViewer Client application, MobileCamStreamer interactions with MobileCamServer

MobileIPCamStreamer installed on your PC (personal computer) will communicate with MobileCamServer continually in order to bring video stream to MobileCamViewer installed on a cell phone. At any time you may stop this transmission by stopping theMobileIPCamStreamerService.

Access to user video streams is restricted, and requires a camera password. Passwords are securely encrypted and stored in servers at the data center. No outside groups, clients, or employees of mobiDEOS, Inc. have access to a user’s video streams. However, due to the continual development of new techniques for intruding upon and attacking networks, mobiDEOS, Inc. does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Appropriate camera access credential sharing and distribution is at the account holder’s discretion.

From time to time mobiDEOS, Inc. may collect your generic demographic information from third party service providers. In addition, we reserve the right to refuse service to anyone.

Lite applications get only email support. Lite applications with Lifetime (a.k.a Unlimited, a.k.a No Expiration) sales are final and NO refunds or transfer of License to other devices are offered

Premium subscriptions get 1 device license transfer per year free of charge. If more than that is required, there will be a charge of $25 per transfer.

With the purchase of the Subscription/Enterprise Installation a 14 day refund will be provided. However you will be subjected to a setup fee of 25% of the retail value or 25$, whichever is higher.

6. International Usage

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

7. Lifetime Membership

For Lifetime (a.k.a Unlimited, a.k.a No Expiration) if the Company cannot operate the service for whatever reason or without reason, you are entitled to refund as follows:

Amount paid – ((number of months from activation)/24)*retail price for the service

8. Others

For MobileCamViwer Free application users, we may choose to send optional advertisements, information and service related emails. We will not sell your email address to any third party.You may unsubsribe to the email newsletters at anytime at your discretion by clicking on unsubcribe link in the email newsletter.

mobiDEOS is CAN-SPAM complaint as per www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

mobiDEOS may at any time modify these Terms and Conditions, and your continued use of MobileCamViewer Service will be conditioned upon the terms and conditions in force at the time of your use.

9. Limit of Liability

NEITHER PARTY NOR ITS AGENT(S) OR EMPLOYEE(S) SHALL BE LIABLE TO THE OTHER PURSUANT TO LOSS OF BUSINESS OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF THE OTHER PARTY INCLUDING BUT NOT LIMITED TO LOST PROFIT HOWEVER ARISING, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. EXCEPT WITH RESPECT TO THE INTELLECTUAL PROPERTY RIGHTS HEREIN, THE LIABILITY OF EITHER PARTY (INCLUDING ITS AGENT(S) REPRESENTATIVE(S) OR EMPLOYEE(S)) UNDER THIS AGREEMENT WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY) OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) SHALL NOT EXCEED THE AGGREGATE OF THE AMOUNTS PAID OR OWED BY YOU TO MOBIDEOS, INC. FOR PRODUCTS WITHIN THE 12 MONTH PERIOD PRECEDING THE ACT OR OMISSION CAUSING THE LIABILITY.