IP-COM用户使用协议
为有效利用IP-COM 账号资源,维护用户合法权益,特制订《IP-COM用户使用协议》(以下简称“本协议”)。请您务必审慎阅读、充分理解各条款内容。
除非您已阅读并接受本协议所有条款,否则您无权申请或使用IP-COM 账号。您申请或使用IP-COM 账号的行为即视为您已阅读并同意受本协议的约束。
1. 协议范围
1.1 本协议是用户(以下简称“您”)与和为顺网络技术有限公司(以下简称为“IP-COM”)之间就创建和使用IP-COM 账号的相关事宜所订立的协议。
1.2 本协议适用于IP-COM提供的需要创建或使用IP-COM 账号的全部产品和服务。
1.3 本协议是《IP-COM用户协议》不可分割的组成部分。
1.4 您通过IP-COM 账号使用IP-COM的产品和服务时,须同时遵守各项服务的单独协议。
2. IP-COM 账号的创建
2.1 您可以通过如下方式免费创建IP-COM 账号,包括但不限于:
1) IP-COM产品嵌入式软件;
2) IP-COM软件客户端。
2.2 您完成申请创建后,依照IP-COM的用户协议获得该IP-COM 账号的使用权。
2.3 无论您通过何种方式创建IP-COM 账号,均受本协议约束。
3. 用户信息
在创建IP-COM 账号时,需要您提供您的手机号或电子邮箱地址作为您的IP-COM 账号。IP-COM会依据隐私政策使用您的手机号或电子邮箱信息。
4. IP-COM 账号的使用
您可以按照IP-COM的用户协议用IP-COM账号登录和使用IP-COM提供的各种产品和服务。
5. IP-COM 账号的安全
5.1 IP-COM 账号密码由您自行设定。您承诺您且仅有您,对保管您的IP-COM 账号与密码负有唯一的责任。
5.2 您需要采取特定措施保护您的号码安全,包括但不限于妥善保管IP-COM 账号与密码、定期更改密码等措施。
5.3 除非您事先通知IP-COM您的IP-COM 账号遭受侵害,否则您对以您IP-COM 账号的名义进行的行为负有责任。您必须事先将超出您控制的、违反本协议条款使用服务的行为通过电子邮件(ip-com@ip-com.com.cn)告知IP-COM
6. IP-COM 账号密码重置
如果您的IP-COM 账号密码遗忘导致无法正常登录,您可以在IP-COM的相关软件中重置IP-COM 账号密码。如果作为IP-COM 账号的手机号或电子邮箱已不再属于您使用,您将无法重置该IP-COM 账号密码。
7. 用户行为规范
7.1 您不得恶意创建IP-COM 账号。IP-COM可以对恶意注册行为进行独立判断和处理。
7.2 IP-COM 账号使用权仅属于初始申请创建人。未经IP-COM许可,您不得赠与、借用、租用、转让或售卖IP-COM 账号或者以其他方式许可非初始申请创建人使用IP-COM 账号。
7.3 如果您当前使用的IP-COM 账号并不是您初始申请创建的或者通过IP-COM提供的其他途径获得的,但您却知悉该IP-COM 账号当前的密码,您不得用该IP-COM 账号登录或进行任何操作,并请您在第一时间通知IP-COM或者该IP-COM 账号的初始申请创建人。
8. 责任承担
8.1 您理解并同意,作为IP-COM 账号的初始申请创建人和使用人,您应承担该IP-COM 账号下所有活动产生的全部责任。
8.2 IP-COM依照用户协议限制、冻结或终止您的IP-COM 账号使用,可能会给您造成一定的损失,该损失由您自行承担,IP-COM不承担任何责任。
8.3 您不得有偿或无偿转让IP-COM 账号,以免产生纠纷。您应当自行承担由此产生的任何责任,同时IP-COM保留追究上述行为人法律责任的权利。
9. IP-COM 账号使用的限制、冻结或终止
9.1 如您违反法律法规、IP-COM各服务协议或业务协议的规定,IP-COM有权进行独立判断并随时限制、冻结或终止您对IP-COM 账号的使用,且根据实际情况决定是否恢复使用。
9.2 如果IP-COM发现您并非IP-COM 账号初始申请创建人,IP-COM有权在未经通知的情况下终止您使用该IP-COM 账号。
9.3 为了充分利用IP-COM 账号资源,如果您存在创建IP-COM 账号后未及时进行初次登录使用,或长期未登录使用IP-COM 账号等情形,IP-COM有权终止该IP-COM 账号的使用。
9.4 IP-COM按照本协议或相关法律法规,限制、冻结或终止您对IP-COM 账号的使用,而由此给您带来的损失(包括但不限于通信中断,用户资料及相关数据等的清空等),由您自行承担。
10. 客户服务
如果您对IP-COM采取的IP-COM 账号的限制措施有异议或在使用IP-COM 账号的过程中有其他问题的,均可联系IP-COM技术支持,我们会给予您必要的帮助。
11. 其他
11.1 您申请或使用IP-COM 账号即视为您已阅读并同意受本协议的约束。IP-COM有权在必要时修改本协议条款。您可以在IP-COM相关页面查阅本协议的最新版本。本协议条款变更后,如果您继续使用IP-COM 账号,即视为您已接受修改后的协议。如果您不接受修改后的协议,应当停止使用IP-COM 账号。
11.2 本协议内容同时包括《IP-COM服务协议》等。上述内容一经正式发布,即为本协议不可分割的组成部分,您同样应当遵守。上述内容与本协议存在冲突的,以本协议为准。您对前述任何业务协议、协议的接受,即视为您对本协议全部的接受。
11.3 本协议签订地为中华人民共和国广东省深圳市南山区。
11.4 本协议的成立、生效、履行、解释及纠纷解决,适用中华人民共和国大陆地区法律(不包括冲突法)。
11.5 若您和IP-COM之间发生任何纠纷或争议,首先应友好协商解决;协商不成的,您同意将纠纷或争议提交本协议签订地有管辖权的人民法院管辖。
11.6 本协议条款无论因何种原因部分无效或不可执行,其余条款仍有效,对双方具有约束力。
和为顺网络技术有限公司
2016年5月20日
隐私政策
和为顺网络技术有限公司 (以下简称“IP-COM“) 非常重视您的个人数据和隐私。在您仔细阅读、了解并同意本政策之前,请不要向IP-COM提交任何个人数据或隐私数据。
本政策说明IP-COM针对个人数据和隐私数据的主要策略,但是一个简单的政策并无法解决有关数据处理的所有疑虑,因此IP-COM可能会另外提供客户产品或服务专用的信息作为本政策的补充,以便在基于特殊目的处理个人数据时通知客户,请您在使用IP-COM产品或服务时,注意其他形式的此类通知。
1. 如何使用您的个人数据?
1.1 收集及使用个人数据的方式、时机与目的
1) 建立账户、购买、注册产品或服务
如果您在线提交申请建立账户、购买、注册我们的产品或服务,包括履行您的采购订单、交付您的产品或服务、产品启用或验证、因您的要求而进行变更、提供技术支持或授权更新等,我们可能会要求您提交完成该要求所需的数据,例如您的电子邮件地址、收货人地址、电话号码、产品信息、购买时间以及支付方式等,以便我们完成您订单的处理、下载产品和获得服务。
2) 升级服务
IP-COM可能收集您终端产品的系统和应用程序信息,这是为了及时通知您有可用的系统和应用程序更新。因为此目的收集的信息包括设备名称、系统和应用程序版本、操作系统和浏览器版本、地区和语言设置等。IP-COM对以上信息的处理仅限于通知您有应用程序更新可用。
3) 数据统计
IP-COM可能会收集某些信息进行统计与分析,这类信息可包括您的设备名称、设备版本、设备识别号码、设备的粗略地理位置信息、应用使用情况、您访问互联网的IP地址。IP-COM收集并处理这类信息的唯一目的是:提供您最佳的人性化用户经验、提供个性化内容、改善我们的产品、分析我们的运营效率、统计市场占有率、改善网络和服务的安全性,以及启用您的售后保障服务。
4) 故障定位
当您的设备或应用程序发生异常情况,且您选择将相关信息发送给IP-COM,让IP-COM或其合作方提供故障分析服务时,IP-COM可能会收集相关信息,包括设备型号、应用程序的名称和版本、设备识别号码、错误日志等。
5) 数据同步、分享和储存
IP-COM提供的某些服务允许您同步、分享和储存数据,IP-COM将会收集并储存您选择要上传、下载或实现这类功能的数据。
1.2 以位置为基础的服务
当您要求使用某些以地理位置信息为基础的服务时,例如:IP-COM可能会收集、使用及处理您设备的精准或粗略地理位置数据,以便IP-COM向您提供上述服务,收集的信息可包括您设备的账号、类型和型号,以及您设备的实时地理位置信息。IP-COM采用匿名方式收集地理位置信息,以提供并改善以位置为基础的产品和服务。
1.3 非个人信息的收集及使用
非个人信息是指无法识别特定个人身份的信息,例如我们网站的浏览人数、网页的点击次数。IP-COM会收集这类信息,以了解用户如何使用我们的网站、产品或服务,如此IP-COM才能进行改善,以满足客户的需求。IP-COM可以自行决定是否基于任何其他目的,收集、使用、移转或披露非个人信息。
2. 如何披露您的个人数据
只有符合下列情况时,IP-COM才会披露您的个人数据。在下列情形之外,IP-COM绝不会将您的个人数据披露给第三方:
(1)您已明确同意:
在得到您的批准后,IP-COM才会将您的个人数据透露给其他公司;
(2)将您的个人数据披露给其他IP-COM分公司或授权合作的第三方:
IP-COM可能需要通过某些合作方为您提供某些服务,因此IP-COM需要将您的部分个人数据共享给合作方,以便丰富我们的服务以及满足您的需求,例如,当您决定在线购买IP-COM产品时,IP-COM将需要将您的个人数据提交给相关物流厂商,如此这些厂商才能将产品送达给您,或是允许我们的合作方提供其他客户服务给您。IP-COM严格禁止IP-COM分公司或授权第三方,将共享的信息用于其他目的。
(3)依法律要求,披露您的个人信息:
依法律、诉讼、司法机关或政府机关的要求,IP-COM可能会提供您的个人信息。在IP-COM涉及重组、合并或清算的情况下,您的个人数据可能也会提供给交易方。
3. 如何保留、更新、变更或检查您的个人数据
我们将在实现本隐私政策中所述目的所必需的期间内保留您的个人信息,除非法律要求或允许在更长的期间内保留这些信息。您应该对所提交的个人信息的准确性负责,IP-COM将尽到商业上合理的努力,确保您个人信息的准确性,IP-COM会根据您的要求,删除或修改信息。您可以发送邮件到ip-com@ip-com.com.cn与我们联络并提出您的要求。依据IP-COM的条款与协议,您可以随时管理您的个人信息。
4. 如何保护您的个人数据
IP-COM采取合理的预防措施,包括但不限于物理上、技术及制度等方面,以保护您的个人信息不会遭受未经授权的浏览、披露、滥用、变更、破坏以及损失。虽然我们采用合理的措施来保护您的个人数据,但没有任何安全措施能够百分之百完美或牢不可破。
5. 如何处理未成年人的个人数据
如果法律有相关规定,IP-COM不会在未征得监护人同意的前提下收集未成年人的个人数据。我们只会在法律允许的范围内,或依当地法律取得监护人的同意,或是为保护未成年人而使用或披露有关未成年人的个人数据。未成年人的定义应考虑适用的法律,以及各国家和地区的文化惯例。
6. Cookie 政策
为确保我们的网站正常运作,有时我们会在您的计算机或移动设备上放置小型数据文件,这类档案称为 Cookie。Cookie 是一种简易文本文件,由网站的服务器储存在您的计算机或移动设备上,且只有该服务器能检索到或读取该Cookie的内容。对于浏览器而言,每一个Cookie都是独一无二的。它包含某些匿名信息,例如唯一标识符、网站名称和一些数字和号码。它可以让网站记住诸如您的喜好或购物车内容等信息。
大部分的大型网站或互联网服务提供商都会在您访问期间(使用会话 Cookie)或再次访问(使用永续性 Cookie)时,启用该网站记住您的功能,以改善用户体验。Cookie能协助网站记住您的设定,您在计算机或移动设备上浏览网站时所使用的语言、字号及其他喜好,每次返回网站时,就不需要再次输入这些设定。如果某个网站未使用Cookie,每当您移至该网站的新网页时,就会将您视为新访问者,例如,当您输入详细数据并移至另一个网页时,该网页将无法辨识您的身份,也无法让您保持登入状态。
我们的Cookie不会用于识别您的个人身份,仅用于让您在访问时网站运作得更好和更方便。如需要,您可以控制或删除Cookie,您可以删除计算机上的所有Cookie,您也可以将大多数浏览器设置禁用Cookie。但如果这样做,每次访问我们的网站时,您可能都必须手动调整某些喜好设定。
IP-COM不会将Cookie用于本文所述之外的任何其他目的,也不会用于收集任何个人数据以满足任何其他目的。
7. 第三方服务提供商
为方便您的访问并丰富您的体验,可能会有非IP-COM的第三方提供内容或因特网链接。您可以选择是否访问这类链接或内容,是否使用这类第三方的服务或产品,但IP-COM对于这些并没有控制权。IP-COM无法控制第三方的任何隐私权和数据保护措施,这类措施不受本政策管理,本政策也不适用于您自行选择提供给第三方的任何信息,请您查看第三方的隐私保护政策。
8. 数据传输
IP-COM产品与服务可能会由位于世界不同国家或地区的资源与服务器提供。因此,您的个人信息可能会跨国界而传输到您使用我们服务所在国家或地区之外的国家和地区,那些国家或地区可能没有对个人数据提供具体保护的法律,或是实行不同的数据保护法。在这类情况下,IP-COM将采取措施,确保有法律基础可进行这类传输,以及依适用法律,会对您个人数据提供适当的保护,例如,通过使用相关授权单位核准的标准合约 (必要时),以及通过使用其他适当的技术与组织信息安全措施。
9. 本隐私政策的更新
IP-COM可能会不定期修改、更新本隐私政策。您可以通过联系ip-com@ip-com.com.cn获取本协议条款的最新版本。
10. IP-COM对您隐私的承诺
为确保您个人信息的安全,我们向全体IP-COM员工传达了公司的隐私和安全准则,并在公司内部严格执行隐私保护措施。
11. 隐私问题
如果您有任何问题、意见或建议,您可以发送邮件到ip-com@ip-com.com.cn与我们联络。
TERMS OF USE
The Services defined herein are provided by IP-COM Networks Co., Ltd., This document may refer to the service provider as “IP-COM Networks Co., Ltd.,” “IP-COM,” “we,” “us,” or “our.”
IP-COM provides:
(1) IP-COM hardware products (“Products”),
(2) website(s) that may be accessed at [URL] (“Site”),
(3) services accessible through the Site(s) (“Web Apps”),
(4) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”),
(5) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”).
The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services, which may be used in conjunction with Products and in other ways provided by IP-COM. Some Products and Services of IP-COM can be used together or in ways that integrate with products and services from third parties.
These are the rules and restrictions that govern your use of our Products and Services. Please read these Terms of Use (the “Terms”) carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class action relief and limiting our liability). You acknowledge and agree that, except for physical IP-COM Products that you may have purchased such as routers or switches, the Services and the software embedded in the Product (and any updates thereto) (“Product Software”) are licensed, not sold, to you. You do not acquire any ownership interest in any Service or Product Software under these Terms, or any other rights thereto other than to use such Service and Product Software in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be presented through the Services in connection with such features (for example, additional terms of service for Kasa Care, see [link to Service Agreement for Kasa Care). You must review and agree to the additional guidelines, terms, or rules before using such Services.
Your Acceptance
These Terms are a binding contract between you and IP-COM. If you do not agree to and accept all of the Terms, you do not have the right to use the Products or Services. By using the Products or Services in any way, you agree to the Terms. The Terms shall remain in effect as long as you use the Products or Services. The Terms also incorporate IP-COM’s Privacy Policy: info@ip-com.com.cn
Legal Capacity
The Services are directed to a general audience for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use.
Modifications to Terms
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website (http://www.ip-com.com.cn). You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on this website. You should visit this page regularly to review the current terms. IP-COM may provide notifications to you as required by law or for marketing or other purposes via email (to the email address you provide our Services), or by posting of such notice on the Site(s). IP-COM is not responsible for any automatic filtering you or your network provider may apply to email notifications. IP-COM recommends that you add info@ip-com.com.cn URLs to your email address book to help ensure you receive email notifications from IP-COM. Your continued use of the Services will be deemed as irrevocable acceptance of any updates to these Terms.
Account Registration
In order to use the Services, you may be required to sign up for an account. To sign up for an account, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
Fees and Payment
We may require payment of fees for certain features of the Services. You may elect, but are not obligated, to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new charges after providing ten days prior notice to you. This notice may be delivered by email to you or by posting it on the Services. Your continued use of the features following such notification constitutes your acceptance of any change to the fees.
Changes to the Services
The Services may change over time, as we improve them. At any time, we may temporarily or permanently modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.
Intellectual Property
(a) You acknowledge that all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets and all other proprietary rights, in the Products, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by IP-COM or its affiliates, licensors, or suppliers (collectively, the “IP Rights”). Your possession, access, and use of the Products, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such IP Rights. IP-COM and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. Moreover, other than with respect to User Contents (defined below), IP-COM retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.
(b) Use of the Services. Your right to make use of the Services and any content appearing on it is subject to your compliance with these Terms. Modification or use of the content on the Services for any purpose not permitted by these Terms may be a violation of the IP Rights protected by law and these Terms and is prohibited.
You are prohibited from using the IP Rights except as specifically permitted in these Terms. Subject to these Terms, IP-COM grants you a limited, non-exclusive and non-transferable license to download, copy, install, and use the authorized parts of the Services (including this Site) on to your own device (e.g., your computer, smart device, etc.) for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the prior written consent of IP-COM. You must have a reseller or distribution license from us before you can copy or redistribute any portion of the Services. Any authorization to copy content granted by us in any part of the Services for any reason is subject to your keeping intact all copyright and other proprietary notices. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
Also, modifying, translating, adapting, or otherwise creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software in connection with the Services into a readable form in order to examine the source code or construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
(c) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the 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 such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON USER FORUMS, BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THE SERVICES (“FORUMS”) ARE NOT NECESSARILY THOSE OF IP-COM, ITS SUBSIDIARIES, AFFILIATED COMPANIES, PARENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, “THE IP-COM GROUP”). THE IP-COM GROUP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF IP-COM GROUP. THE IP-COM GROUP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN THE IP-COM GROUP’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT BELOW.
Submissions, Postings and Emails
IP-COM is interested in hearing from you regarding your questions or comments about our Services. However, the IP-COM Group does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the IP-COM Group.
Invited Submissions
From time to time, areas on the Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Services to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL.
Our Use of Content
IP-COM will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on the Services, in which event those Additional Terms will determine how we will treat your Invited Submissions. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
User Content
You are solely responsible for all content, including, without limitation, reviews, responses, profile entries, posts, questions, videos, images, and audios that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, our Services. You represent and warrant that you have all rights necessary to do so. You acknowledge that your contents may or may not be able to be deleted once uploaded. For some of our Services’ features, other users may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, identify or feature popular users, protect you, improve our Products and Services, and/or develop new Products and Services. By posting or uploading any content to the Services (including, without limitation, posts, responses, videos, images, and audios) and/or providing any communication or material to IP-COM (collectively, “User Content”), you automatically and irrevocably:
1. Grant and assign to IP-COM a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by IP-COM and/or by any person authorized by IP-COM, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
2. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
3. Appoint IP-COM as your agent with full power to enter into any document and/or do any act IP-COM may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
4. Warrant that you have the rights to and are the owner of the User Content and entitled to enter into these Terms;
5. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person, and that IP-COM shall not be liable for any use or disclosure of such User Content;
6. Acknowledge and agree that IP-COM may access, use, preserve and/or disclose the User Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation, or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of IP-COM, its users, a third party, or the public as required or permitted by law. IP-COM also reserves the right, but shall not be obligated, to remove any User Content from our servers at any time in its sole and absolute discretion.
Claims of Copyright Infringement
If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the below identified Copyright Agent at the address listed below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of each place where alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Email: info@ip-com.com.cn
This shall confirm that IP-COM seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Restrictions on Use
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.
Your use of the Services is subject to the following additional restrictions. You may not use the Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights of anyone else;
2. Violates any law or regulation;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your account or anyone else's;
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes or otherwise incorporates any disabling code designed to permit improper use, access, deletion or modification of software or hardware programs or systems or improperly to disable, deactivate, damage or shut down such programs or systems;
7. Sends, creates, or replies to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in “spamming” (i.e., unsolicited emailing for business or other purposes);
8. “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
10. Copies or stores any significant portion of the content;
11. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services; or
12. Undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.
Third-Party Services
You accept that IP-COM is not responsible for the risks you take associated with links or connections to third-party applications or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies that may or may not be related to the Services. We encourage you to be aware of such agreements when you connect third-party services to the Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party applications or services that you may be exposed to when you interact with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.
Third-Party Sites
The Services may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of IP-COM, and you acknowledge that (whether or not such sites are affiliated in any way with IP-COM) the IP-COM Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by IP-COM Group or any association with its operators.
IP-COM cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from IP-COM since the third-party sites are owned and operated by independent retailers. IP-COM does not endorse any of the merchandise purchased from any third-party site, nor has IP-COM taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. IP-COM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
Termination
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content in the event that you stop using the Services. At any time, IP-COM may (a) suspend or terminate your rights to access or use the Services if IP-COM in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms, or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates. The new owner will have no right to use the Product or Services under your account and will need to register for a separate account with IP-COM unless the new owner already has an account with IP-COM that can be connected to that Product or Service.
You understand and agree that we may retain copies of such User Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important User Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of IP-COM.
Product Specifications, Pricing, Typographical Errors
We do our best to describe every product or service offered on the Services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, IP-COM shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from IP-COM is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Security
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for the security of your username and password (if any). IP-COM shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that IP-COM considers insecure, IP-COM will be entitled to require your username or password to be changed and/or terminate your account. However, IP-COM cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You agree to immediately notify IP-COM of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security of which you become aware. IP-COM is not liable to you for any loss or damage arising from your failure to comply with the above requirements.
Updates
IP-COM may from time to time in its sole discretion develop and provide updates to its Services and/or Product Software, which may include upgrades, bug fixes, patches, other error corrections, security fixes and/or new features (collectively, including related documentation, if any, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: a) the Services will automatically download and install all available Updates; or b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
Updates to the Product Software may be automatically installed without providing any additional notices or receiving any additional consent. You consent to such automatic updates. If you do not want such automatic Updates, your remedy is to terminate your account and to stop using the Product Software and applicable Products. If you do not terminate a previously created account, you will receive Updates automatically.
Limitations of Services and Product Software
You acknowledge and agree that Services and Product Software are not intended to be 100% reliable or available 24 hours a day, 7 days a week. The Services/Product Software may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. IP-COM does not offer any specific uptime guarantee for the Services/Product Software.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without IP-COM’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Additional Terms and Conditions
The following additional terms apply to our applications available via the Apple, Inc. (“Apple”) App Store (the “Apple Application”):
1. The Apple Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms as they are applicable to the Services;
2. Both you and IP-COM acknowledge that the Terms are concluded between you and IP-COM only, and not with Apple, and that Apple is not responsible for the Apple Application or the content;
3. You will only use the Apple Application in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
5. In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application.
6. You acknowledge and agree that IP-COM, and not Apple, is responsible for addressing any claims you or any third-party may have in relation to the Apple Application;
7. You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third-party’s intellectual property rights, IP-COM, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and IP-COM acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
10. Both you and IP-COM acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
The following additional terms apply to our applications available via the Google Inc. (“Google”) Google Play store (the “Android Application”):
1. Notwithstanding anything to the contrary in these Terms, if you use the Android Application you hereby acknowledge and agree that (i) the Android Application relies in part on functionality provided by Google (the “Google Functionality”), (ii) any information provided by you via the Android Application may be shared with Google in connection with your use of the Google Functionality, and (iii) all such information shall be handled by Google in accordance with the then-current Google Privacy Policy (currently available athttp://www.google.com/privacy.html), as may be amended by Google from time to time;
2. You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Android Application;
3. In the event of any failure of the Android Application to conform to any applicable warranty, including those implied by law, you acknowledge that Google has no warranty obligation whatsoever with respect to the Android Application;
4. You acknowledge and agree that IP-COM, and not Google, is responsible for addressing any claims you or any third-party may have in relation to the Android Application and that Google will not be liable to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Android Application.
Miscellaneous
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and IP-COM agree that the Terms and the Privacy Policy incorporated herein are the complete set of understanding between both parties and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms; it being understood that the terms of express warranties accompanying the purchase of IP-COM products are in addition to such Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind IP-COM in any respect whatsoever. Except as expressly set forth in the sections above regarding the Apple Application and Android Application, you and IP-COM agree there are no third-party beneficiaries intended under these Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
How to Contact Us
Please forward any comments or complaints about the Services to info@ip-com.com.cn