DefendCamera provides the following services for use in conjunction with various DefendCamera Internet-connected products (“Products”): (1) a DefendCamera user website and user accounts that may be accessed at www.DefendCamera.com, and all associated sites connected with www.DefendCamera.com (the “Website”); (2) online services accessible through the Website (“Web Apps”); (3) software applications that can be downloaded to a mobile device (“Mobile Apps”); and (4) subscription services, including paid subscriptions to WuYuanTech’s cloud storage services and other paid features (“Subscription Services”). The term “DefendCamera Services” means the Website, Web Apps, Mobile Apps, and Subscription Services.
1. No Life-Safety or Critical Uses of the DefendCamera Services
You acknowledge and agree that the DefendCamera Services and Products are not certified for emergency response. DefendCamera makes no warranty or representation that use of the DefendCamera Services or Products with any third-party product or service will affect or increase any level of safety or security. The DefendCamera Services and Products are not third-party monitored emergency notification system -- DefendCamera will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
2. Electronic Contracting and Messaging
By using the DefendCamera Services, registering the Product, creating an online account for the DefendCamera Services (“Account”), or engaging in any transactions via the DefendCamera Services, you are agreeing to these Terms and our Privacy Statement. You agree that when you use your login credentials or click on any “I Agree” button when using the DefendCamera Services, you affirmatively consent to conduct business electronically with DefendCamera, and such credentials and processes have the same force and effect as your written signature. You agree and consent to DefendCamera sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.
3. These Terms May Change
DefendCamera reserves the right to make changes to these Terms over time. We will notify you through the DefendCamera Services or via email if we make material modifications. Continued use of any DefendCamera Service following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Relationship to Product Warranty
These Terms govern your use of the DefendCamera Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
5. Eligibility; Children
You are prohibited from registering a Product for use with the DefendCamera Services or from using the DefendCamera Services unless you are 18 years of age or older. You may not use the DefendCamera Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 13. Any use or access to the DefendCamera Services by individuals under the age of 13 is strictly prohibited and is a violation of these Terms. If you are between the ages of 13 and 18 years of age, you must have your parent or legal guardian register a Product or create an Account to use the DefendCamera Services, and you must only use the DefendCamera Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Please contact us at support#defendcamera.com (replace # with @) if you believe we might have any information from or about a child under 13, or if we might have any information from or about a child without verification of parental consent, and we will delete that information.
6. Creating an Account
To use your Product via DefendCamera Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the DefendCamera Services does not violate any U.S. or other applicable law or regulation. You have no right to transfer your Account to any other individual in any manner, which includes sharing your password with other individuals. DefendCamera is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify DefendCamera immediately of any unauthorized access to or use of your Account or any breach of security.
7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to the DefendCamera Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the DefendCamera Services. The DefendCamera Services will may be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a computer or a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by DefendCamera in connection with specific Products. In addition, you acknowledge that DefendCamera may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the DefendCamera Service.
8. Changes to DefendCamera Services
DefendCamera may change, upgrade, discontinue, or temporarily suspend any feature or component of the DefendCamera Services at any time without notice. DefendCamera cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the DefendCamera Services will operate as intended. You acknowledge that you may be required to install software updates to use the DefendCamera Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the DefendCamera Services, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, DefendCamera may suspend or terminate your rights to use the DefendCamera Services if DefendCamera believes in good faith that you have used a DefendCamera Service in violation of these Terms. If you transfer a DefendCamera Product to a new owner, your right to use the DefendCamera Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or the DefendCamera Service sunder your Account and will need to register for a separate Account with DefendCamera. Upon termination of your Account, your right to use the DefendCamera Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may cancel your Account at any time by calling Customer Support at support#defendcamera.com (replace # with @)
Subject to your compliance with these Terms, DefendCamera grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) Mobile Apps, and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the DefendCamera Service. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DefendCamera or its licensors.
11. License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the DefendCamera Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the DefendCamera Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or DefendCamera Services; (v) use the Software and DefendCamera Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of DefendCamera, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, DefendCamera Service, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or DefendCamera Services for any service bureau, time-sharing, resale, or similar purposes.
DefendCamera reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Access to DefendCamera Services
You may only access and use the DefendCamera Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the DefendCamera Services, and (c) to subscribe to the DefendCamera Services, manage your Account and preferences, and maintain your registration data.
When using the DefendCamera Services, you shall not:
•disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the DefendCamera Services or any computer network;
•circumvent any technological measure implemented by DefendCamera or any of DefendCamera’s providers or any other third party (including another user of the DefendCamera Services) to protect the DefendCamera Services;
•upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, the DefendCamera Services, or any other system, device, or property;
•run Maillist, Listserv, or any form of auto-responder or “spam” on the DefendCamera Services;
•attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user;
•jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into the DefendCamera Services as you);
•impersonate any other user, person, or entity (including, without limitation, using e-mail addresses associated with any of the forgoing to create an Account);
•provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from DefendCamera; or
•violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries).
These Terms shall apply to any future update, release, or other change to the Services.
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the DefendCamera Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the DefendCamera Services or third-party social networking sites via the DefendCamera Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the DefendCamera Services, and DefendCamera will not be liable for any errors or omissions in Your Content.
DefendCamera may also make available on the DefendCamera Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the DefendCamera Services (“DefendCamera Content”). DefendCamera Content, along with the DefendCamera Service and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You may access and view DefendCamera Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such DefendCamera Content without DefendCamera’s prior written consent.
DefendCamera makes no endorsement, representation, or warranty of any kind about Your Content or DefendCamera Content, or any information, services, or recommendations accessed through the DefendCamera Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the DefendCamera Service.
You agree that all Your Content and DefendCamera Content accessed by you using the DefendCamera Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for your having acquired or not acquired Your Content or DefendCamera Content through the DefendCamera Service.
By making Your Content available on or through the DefendCamera Services you grant to DefendCamera a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual, irrevocable right and license to use, copy, modify, publicly display, publicly perform, and distribute Your Content in connection with operating and providing the DefendCamera Services to you. We also have the right to reformat, create derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the DefendCamera Services. When you post or share Your Content for public viewing, you grant DefendCamera the right and license to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any restriction or compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable by DefendCamera.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose, and that you grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on the DefendCamera Services as provided in these Terms will not: (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment, or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, feedback, or ideas Submitted by you about the DefendCamera Services are DefendCamera’s property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. DefendCamera does not waive any right to use similar ideas previously known to us or developed by us.
15. Paid Subscriptions
When you are required to activate a Product that includes online data storage, you will automatically receive a one-month trial to our online storage services for Your Content free of charge. After the one-month trial period, you can elect to subscribe to online services for Your Content and add paid features to your Account (i.e., the Subscription Services). Please see DefendCamera’s Terms and Conditions of Sale for more information concerning subscription services.
16. Third-Party Website Links and Referrals
17. Release Regarding Third-Parties
DefendCamera is not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the DefendCamera Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without DefendCamera’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DefendCamera may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
19. Contact Us
Should you have any questions, please email at support#defendcamera.com (replace # with @).