Welcome to the Phone2DVR System.,

By using the Phone2DVR System and any data or information accessed from the Phone2DVR System, you agree that Phone2DVR Basic and Standard versions are made available for your personal, non-commercial use only. For business users, Phone2DVR Enterprise Editions are made available for your internal use only and may not be commercially redistributed or resold.

1. Content Provided by Third Parties

TThe usage of the Phone2DVR 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. IC Realtime makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties, nor will IC Realtime 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 the Phone2DVR System, unless derived from accessing a camera in your own property, can show unpredictable content which is not controlled or censored by IC Realtime. By using the Phone2DVR System you understand that IC Realtime cannot be held liable for any imagery transmitted by the Phone2DVR System.

3. Content Delay, Loss and Defects

Depending on numerous factors beyond the control of IC Realtime, the imagery provided to you by using the Phone2DVR 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 IC Realtime, and by using the Phone2DVR System you agree that IC Realtime cannot be held liable for any delay or loss in delivery of the content.

In no event does IC Realtime warrant that the Phone2DVR System is error free or that you will be able to operate the Phone2DVR System without problems or interruptions. IC Realtime commits, at its sole cost and expense, to use commercially reasonable efforts to repair all reasonably identified errors in the Phone2DVR 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 to provide a replacement with similar functions without charge to you within such Warranty Period.

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 the Phone2DVR System and for any consequences thereof. You agree to use the Phone2DVR 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 Phone2DVR, 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 the Phone2DVRSystem for any illegal or unauthorized purpose;

* remove any copyright, trademark or other proprietary rights notices contained in or on Phone2DVRSystem software;

* interfere with or disrupt the Phone2DVRSystem services or servers or networks connected to Phone2DVRSystem services, or disobey any requirements, procedures, policies or regulations of networks connected to Phone2DVRSystem services;

* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Phone2DVRSystem 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 IC Realtime;

* 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. Phone2DVR interactions with Phone2DVR Servers

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 IC Realtime have access to a user’s video streams. However, due to the continual development of new techniques for intruding upon and attacking networks, IC Realtime 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.

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. 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 PHONE2DVR FOR PRODUCTS WITHIN THE 12 MONTH PERIOD PRECEDING THE ACT OR OMISSION CAUSING THE LIABILITY.