HIKVISION may change, upgrade, discontinue, or temporarily suspend any feature or component of HIKVISION Services at any time without notice. HIKVISION cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to HIKVISION Services will operate as intended. You acknowledge that you may be required to install software updates to use HIKVISION 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 HIKVISION Services. If you transfer a Product to a new owner, your right to use HIKVISION Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or HIKVISION Services under your Account. You may cancel your Account at any time by calling Customer Support at support@hikvision.com.
10. License
Subject to your compliance with these Terms, HIKVISION grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (“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 HIKVISION Services. 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 HIKVISION 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 HIKVISION Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce HIKVISION 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 HIKVISION Services; (v) use the Software and HIKVISION Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of HIKVISION, 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, HIKVISION Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. HIKVISION reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
12. Processing of Your Personal Data
To the extent (i) you are a corporate
customer; and (ii) personal data from the European Economic Area (“EEA”), and/or
the United Kingdom (“UK”) are processed by HIKVISION in the course of its
provision of Services to you and/or where such processing is otherwise subject
to the requirements of the General Data Protection Regulation, the Data Protection Addendum (“DPA”) shall govern the processing of such
personal data by you and HIKVISION and the DPA shall be deemed incorporated into
these Terms.
13. Open Source
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, HIKVISION makes such Open Source Software, and HIKVISION modifications to that Open Source Software, available by written request to HIKVISION at the email or mailing address listed below:
By downloading/requesting the source code to any of the Open Source Software ("Source Code"), you agree to the following:
HIKVISION PROVIDES THE SOURCE CODE TO YOU ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIKVISION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIKVISION AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
14. Access to HIKVISION Services
You may only access and use HIKVISION Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data.
When using HIKVISION Services, you shall not:
disrupt, interfere with,
violate the security
of, or attempt to gain unauthorized access
to, HIKVISION Services
or any computer network;
circumvent any technological measure implemented by HIKVISION or any providers
or any other third party (including another
user of HIKVISION Services)
to protect HIKVISION 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, HIKVISION Services, or any other system, device or property;
run Maillist,
Listserv, or any form of auto-responder or “spam” on HIKVISION Services;
attempt, in any
manner, to obtain the password, account, credentials, or other
security information from any other user; or
jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into HIKVISION
Services as you).
15. Limitations of HIKVISION Services
HIKVISION Services are intended to be accessed and used for non-time-critical information and control of Products. While we strive for HIKVISION Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. HIKVISION Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that HIKVISION is not responsible for any damages allegedly caused by the failure or delay of HIKVISION Services to reflect current status of the Product, notifications, or timing of your video content.
HIKVISION Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. HIKVISION does not offer any specific uptime guarantee for HIKVISION Services. HIKVISION is not liable for any losses arising from a suspension of HIKVISION Services.
All information concerning HIKVISION Services and use of the Product with HIKVISION Services is provided “as is” and “as available”. HIKVISION does not guarantee that this information is correct or up to date. Accessing the information through HIKVISION Services is not a substitute for direct access to the information in or on the Product itself.
Although HIKVISION cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.
16. Limitations of HIKVISION Services Due to Reliance on Third Parties
HIKVISION Services relies on certain third-party products and services. For example, some aspects of HIKVISION Services– such as data storage, synchronization, and communication – are enabled by Amazon Web HIKVISION Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through HIKVISION Services. These third-party’s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. HIKVISION is not responsible for any damages and losses due to the operation of these third-party’s products and services.
You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of HIKVISION Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.
You acknowledge and agree that the availability of Mobile Apps is dependent on the third-party Web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and HIKVISION and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
17. Release Regarding Third Parties
HIKVISION is not responsible for third parties or their products and services, including, without limitation, any third-party’s products and services that enable HIKVISION Services, equipment, ISPs, carriers, the App Stores and among others.
HIKVISION
HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE HIKVISION AND ITS LICENSORS AND SUPPLIERS FROM ANY
PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES,
AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR
INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR
PRODUCTS AND SERVICES.
18. Indemnity
You agree to defend, indemnify, and hold HIKVISION, its affiliates, directors, officers, employees, shareholders, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of HIKVISION Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. HIKVISION will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIKVISION SERVICES
(I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE
PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND
“AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND HIKVISION AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE, QUIET ENJOYMENT, NON- INFRINGEMENT
OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE.
HIKVISION
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A
THIRD PARTY THROUGH OR IN CONNECTION WITH HIKVISION
SERVICES (INCLUDING, BUT NOT LIMITED
TO, CLOUD SERVICES)
OR ANY HYPERLINKED WEBSITE
OR SERVICE.
HIKVISION MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT
CONTAINED IN OR ACCESSED THROUGH
HIKVISION SERVICES, AND HIKVISION WILL NOT BE RESPONSIBLE OR LIABLE
FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED
IN OR ACCESSED THROUGH HIKVISION
SERVICES. HIKVISION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED
THROUGH HIKVISION SERVICES.
YOU
ACKNOWLEDGE THAT THE USE OF HIKVISION SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR
OWN RISK. HIKVISION DOES NOT REPRESENT OR GUARANTEE THAT HIKVISION SERVICES
WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE,
OR OTHER SECURITY INTRUSION, AND HIKVISION DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE
CERTAIN RESPONSIBILITIES ON YOUR USE OF
HIKVISION SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT HIKVISION) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY
WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT HIKVISION SHALL NOT BE
LIABLE IN THE EVENT THAT HIKVISION SERVICES
IS USED FOR ILLEGAL PURPOSES,
INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS;
INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL
TREATMENT, OR OTHER SITUATIONS WHERE
HIKVISION SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
20.
LIMITATIONS ON LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS,
LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING
ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE
INTERRUPTION, COMPUTER DAMAGE,
COST OF SUBSTITUTE SERVICES, INABILITY
TO USE
HIKVISION
SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY HIKVISION SERVICES OR BY FAILURES OF
HIKVISION SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIKVISION
KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATED TO HIKVISION SERVICES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO HIKVISION OR
HIKVISION’S AUTHORIZED RESELLER FOR HIKVISION
SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE
OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED
BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. HIKVISION
DISCLAIMS ALL LIABILITY OF ANY KIND
OF HIKVISION’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIKVISION AND YOU.
21. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and HIKVISION arising out of or relating to these Terms or HIKVISION Services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and HIKVISION, our goal is to learn about and address your concerns. You agree that you will notify HIKVISION about any Dispute you have with HIKVISION regarding these Terms or our Products or HIKVISION Services by contacting HIKVISION at support@hikvision.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or HIKVISION may bring a formal proceeding.
22. Binding Arbitration
You and HIKVISION agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of HIKVISION Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and HIKVISION. These Terms will be governed by the laws of the People’s Republic of China and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and HIKVISION shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
23. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of HIKVISION Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
24. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and HIKVISION with respect to the use of HIKVISION Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between HIKVISION and you regarding HIKVISION Services. HIKVISION’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
25. Assignment
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without HIKVISION’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HIKVISION may freely assign or transfer these Terms without restriction.
26. Contact Us
Should you have any
questions, please contact us immediately via email at support@hikvision.com.