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.
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. 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.
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 MOBIDEOS, INC. FOR
PRODUCTS WITHIN THE 12 MONTH PERIOD PRECEDING THE ACT OR OMISSION CAUSING
THE LIABILITY.
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