TERMS AND CONDITIONS OF
USE
The website located at dvr.webcam (the
¡°Website¡±) is owned and/or operated by Senstic. (herein referred to as "we", "us", or
"dvr.webcam"). Before using the Website, please read the
following Terms and Conditions of Use ("Terms of Use") carefully.
Through the Website, dvr.webcam provides an internet-based service that
allows viewing users computer cameras or IP camera recordings on their
Microsoft OneDrive account. This service enables live viewing of their recordings
on their Microsoft OneDrive account through a player on Website, as more fully
set out on the Website, as amended from time to time (collectively, the
¡°Services¡±). These Terms of Use govern your access to and use of the Website, including
but not limited to your use of the Services. For greater certainty, any use of
the Services constitutes use of the Website. Your access to and use of the
Website is expressly conditioned on your acceptance of and compliance with
these Terms of Use. BY USING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY
THESE TERMS OF USE [AND THE dvr.webcam PRIVACY POLICY (available by
clicking here) WHICH ARE HEREBY
INCORPORATED BY REFERENCE]. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF
USE [AND THE PRIVACY POLICY], YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO
NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
dvr.webcam 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 Holders (as
defined below) will be provided 30 days notice in
advance of any modification or amendment to these Terms of Use.
These Terms of Use, together will the Privacy Policy and all other applicable
terms and conditions, constitute your agreement with us (the
¡°Agreement¡±).
1. Account Holders
Certain portions of the Website may be accessed only by Microsoft OneDrive account
holders (¡°Account Holders¡±). Additional terms and conditions will apply to each
Account Holder of Microsoft OneDrive. On accessing your Microsoft OneDrive
account through Website, 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.
dvr.webcam is not liable for any breach of the above warranties by an
Account Holder, whether or not such breach is caused intentionally. In the
event of a breach of one or more of the above warranties, and without
limitation to any other remedy available to it, dvr.webcam may discontinue
an account or revoke the privileges of the Account Holder.
On registration, Account Holders will select identification information which
will enable the Account Holder to access those portions of the Website reserved
for Account Holders. When establishing your account, you will be required to
create a password. You are responsible for maintaining the confidentiality of
this identification information and password, and are responsible for all
activities (whether by you or by others) that occur under your account or by
your identification information. You agree to notify us immediately of any
unauthorized use of your account or identification information or password or
any other breach of security. dvr.webcam disclaims all liability for any
loss or damage arising from your failure to protect your account or
identification information. For greater certainty, and without limiting the
generality of the foregoing, an Account Holder shall be responsible for any
breach or violation of these Terms of Use caused by any activity under that
Account Holder¡¯s account.
2. User Information
dvr.webcam¡¯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 the
ability to view your dvr.webcam recordings), is subject to the dvr.webcam
Privacy Policy. 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.
dvr.webcam is not responsible for any deletion, alteration, damage, loss,
destruction, misdirection or failure to store of any User Information. dvr.webcam
may at its discretion discard or destroy any of your User Information in the
event that this Agreement is terminated or such User Information is in violation
of these Terms of Use.
3. Disclaimer of Warranty, Limits of Liability and Indemnity
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND
ANY THIRD-PARTY SITES 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. dvr.webcam IS NOT LIABLE TO YOU FOR ANY LOSS YOU
SUFFER IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE, ANY LINKED
WEBSITES OR ANY SOFTWARE AVAILABLE AT THE WEBSITE.
IN NO EVENT SHALL dvr.webcam, 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, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES EVEN IF dvr.webcam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE dvr.webcam¡¯s
WEBSITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT dvr.webcam
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.
You must provide and are solely responsible for all hardware and/or software
necessary to access the Website. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
4. Intellectual Property Rights
dvr.webcam and related words, domain names and logos are trade-marks and the
property of Senstic. All other trade-marks, product
names and company names or logos cited herein are the property of their
respective owners.
The intellectual property rights in material contained on the Website,
including all portions of the Website, content, site design, text, graphics,
and the selection and arrangement thereof are held by dvr.webcam and its
licensors, except as otherwise expressly provided herein. ALL RIGHTS RESERVED.
All software, materials, information and content offered by dvr.webcam 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 written permission of the copyright owner. You
may not reverse engineer the Services and/or any of dvr.webcam¡¯s
technology or software for any purpose whatsoever.
5. Right to Use
dvr.webcam hereby grants to the Account Holder 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 and our licensors.
Nothing contained in this Agreement shall be deemed as conferring any right in
any copyright, trademark, trade name or other proprietary property of dvr.webcam
or any other party who owns or has proprietary rights to the content,
information and materials provided on the Website.
6. Third Party Links
We may provide links to third-party sites that might
be of interest to you. We do not endorse any such site and have no control over
the content or availability of these sites. It is your responsibility to read
and understand each site's privacy and other policies as well as the terms and
conditions of their service. If you have any questions or concerns regarding
these third-party sites, please contact their site's web master or site
administrator. dvr.webcam is not liable for any damages that you incur,
and you agree not to assert any claims against us arising from your use of any
third-party site.
7. 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.
8. Prohibited Behavior
You agree that you will not:
• restrict or inhibit any other user from using and enjoying
the Website;
• interfere with or disrupt any servers or networks used to
provide the Website or its features, or disobey any requirements, procedures,
policies or regulations of the networks we use to provide the Website;
• gain unauthorized access to the Website, or any account,
computer system, or network connected to this Website, by means such as
hacking, password mining or other illicit means;
• use the Website to impersonate any person or entity, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
• use the Website to instigate or encourage others to commit
illegal activities or cause injury or property damage or interfere with
business interests or contractual relations of any person;
• obtain or attempt to obtain any materials or information
through any means not intentionally made available through this Website;
• use the Website to post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
provincial, state, national or international law;
• use the Website to post or transmit any information,
software or other material that violates or infringes upon the rights of
others, including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission from
the owner or rights holder;
• use the Website to post or transmit any information,
software or other material that contains a virus or other harmful
component;
• use the Website to post, transmit or in any way exploit any
information, software or other material for commercial purposes, or that
contains advertising;
• use the Website to advertise or solicit to anyone to buy or
sell products or services, to cease using the Website, to visit another
competing Website, or to make donations of any kind, without our express
written approval; or
• gather for marketing purposes any email addresses or other
personal information that has been posted by other users of the Website.
You agree to indemnify dvr.webcam and each of its officers, directors,
employees, agents, distributors and affiliates from and against any and all
third party claims, demands, liabilities, costs, or expenses, including
reasonable legal fees, resulting from your breach of any of the foregoing
provisions.
We reserve the right to deny access to the Website or any features of the
Website to anyone, for any reasons, including as a result of persons who
violate these Terms of Use or who, in our sole judgment, interferes with the
ability of others to enjoy the Website or infringes the rights of others.
9. Indemnity
You agree to fully indemnify and hold harmless dvr.webcam,
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.
10. Jurisdictional Issues
Some or all of the products and services offered on
the Website may not be eligible for solicitation in your jurisdiction. If you
are accessing this Website from such a jurisdiction, you should not consider
anything on this Website as an offer to sell or as a solicitation to the public
to purchase any product or service from dvr.webcam. The Website is for use
only by persons residing in jurisdictions where such products and services may
legally be sold.
dvr.webcam makes no representation that any of the materials contained in
the Website are appropriate or available for use in other locations or
jurisdictions. Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
11. General
These Terms of Use shall be governed by the law of California, the United
States. Any claim or dispute between you and dvr.webcam that arises in
whole or in part from the dvr.webcam Website shall be decided exclusively
by a court of competent jurisdiction located in California, the United States.
This Agreement, together with the Privacy Policy at http://dvr.webcam/Home/Privacy,
any other legal notices published by dvr.webcam on the Website, and any
other applicable terms and conditions of use shall constitute the entire
agreement between you and dvr.webcam 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 dvr.webcam¡¯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 dvr.webcam.
12. 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.
13. Language
The parties hereto have expressly requested these
Terms of Use to be drawn up in the English language.
14. Notice
Any notice required under this agreement to be given
by writing shall be delivered to us at support@dvr.webcam.