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General Terms of Use

Last updated: 1/22/2019

 

 

These general terms of use (“General Terms of Use”) contain the terms under which you use services that Hangzhou Hikvision Digital Technology Co., Ltd with its affiliates ("HIKVISION", “we”, “our”, “us”) provide at https//partner.hikvision.com, including HIKVISION online accounts and any services available via such an account, including without limitation, access to HIKVISION Content, HIKVISION online support services, various email, text message notifications and other online services (collectively “Services”).

These General Terms of Use apply to all of the Services that HIKVISION provides, but additional service-specific terms of use may apply to some Services (“Additional Terms of Use“) .We refer to the combination of these General Terms of Use and any applicable Additional Terms of Use collectively as the “Terms of Use“. Please read Terms of Use before using any Services. By using the Services, you agree to accept and be bound by the Terms of Use. If you do not accept Terms of Use, please do not use any of Services.

 

1   Account Registration and Management

To use the Services, you will need to register an account (“Account”) at the website by providing HIKVISION with required information for verification. You represent and warrant that: (i) all required registration information you submit to HIKVISION for the creation of your Account is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such Account information; and (iii) your use of the Services does not violate any applicable law or regulation.

 

You are responsible for safeguarding your Account information. You are responsible for any activity occurring in your Account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify HIKVISION immediately. In no event, should HIKVISION be liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.

 

2    These Terms May Change

HIKVISION reserves the right, at its discretion, to modify these Terms of Use, provided certain provisions of these Terms of Use prove to be incomplete or outdated and further provided that these amendments are reasonable for you, taking into account your interests.

All amendments are hereby incorporated into the Terms of Use by reference and become effective upon the revised Terms of Use posted at the website or otherwise made available to you. Continued use of the Services following the notice will indicate your acknowledgment and agreement to be bound by these revised Terms of Use.

 

3   HIKVISION Conten t

 

3.1 HIKVISION Content

When you and others use the Services, you will be provided with different kinds of HIKVISION-proprietary content, including but not limited to software development kits (SDKs), header files, APIs, libraries, simulators, software (source code and object code) and any technical or other specifications or documentation by HIKVISION, as applicable. For the purpose of these Term of Use, any bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such content shall be included as HIKVISION Content.

 

3.2 Limited License to HIKVISION Content

A.   HIKVISION retain full ownership of HIKVISION Content. .HIKVISION hereby grants you, a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to utilize, evaluate, test HIKVISION Content for, and only for developing compatible contents with HIKVISION products.

B.  You shall not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense HIKVISION Content, in whole or in part, or to enable others to do so. You shall use HIKVISION Content for any purpose not expressly permitted in Section 3.2.

C.  You shall not install, use or run HIKVISION Content on any other products on or in connection with devices other than HIKVISION products, or to enable others to do so. And You shall not and agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of ,modify, decrypt, or create derivative works of HIKVISION Content, or any part thereof except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with HIKVISION Content.

D.  You agree to comply with all applicable Open Source Software licensing terms if any Open Source Software included in your own products and shall not use any Open Source Software in such a way that would cause the non-open portions of the HIKVISION Content and/or HIKVISION products to be subject to any Open Source Software licensing terms or obligations.

 

3.3 Changes of HIKVISION Content

HIKVISION reserves rights, without liability to you, at its discretion, to add, alter, or remove functionality from HIKVISION Content at any time with prior notice posted at the website (updates, upgrades and variations of HIKVISION Content).

 

4    User Content

 

4.1 User Content

When you and others use the Services, you may submit to or give us access to certain content and HIKVISION may display such content; examples of project cases which are texts, image and video materials and other information about yourself and/or others, that you submit to HIKVISION for marketing and promotion at the website or otherwise manner according to your instruction.

HIKVISION will only process such User Content for the purpose of marketing and promotion. However, to the maximum extent permitted by mandatory law, HIKVISION is not responsible for any actions you take with respect to any User Content, including sharing it publicly. You may not use User Content or submit to HIKVISION unless you have obtained the permission of its owner, or are otherwise authorized by law to do so.

 

4.2 Limited License to Your User Content

You retain full ownership of your User Content. You grant HIKVISION a limited, non-exclusive, revocable, sublicensable and non-transferable license to use, reproduce, modify, distribute, and create derivative works of User Content for the purpose specific in Section 3.1.

In case of any changes to User Content, You shall notify HIKVISION with at least 30 days prior notice.

 

5    Publicity

Except as explicitly permitted or required, by the Terms of Use or otherwise, you may not use HIKVISION’ name, logo or any other HIKVISION’s trademarks or brand elements.

 

6   Confidentiality

You shall keep HIKVISION Content as confidential information and only use and disclose it in accordance with the Terms of Use and any other agreement giving you such rights. However, HIKVISION Content is not regarded as confidential information if such Content: (a) is or becomes public; (b) was lawfully known to you before receiving it from you; (c) is received by you from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by you without reference to your HIKVISION Content.

 

7    User Behavior

You are responsible for your conduct, User Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

A.   You must use the Services in compliance with, and only as permitted by, applicable laws. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

B.    You should not, use, or access the Services for the purpose of promoting a product or service or for any other purposes which may be in conflict with the business and interest of HIKVISION.

C.    You shall not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that HIKVISION provides.

D.   You shall not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services or the website.

 

8    Suspension and Termination of Services

 

8.1   Termination by You or HIKVISION

You and HIKVISION may terminate any Service at any time with at least 30 days prior notice. Please note that if any Services available to you under the Account will immediately be terminated upon termination.

 

8.2   Suspension and Termination by HIKVISION

HIKVISION may, with immediate effect and without liability, limit or suspend Services to you if you fail to comply with the Terms of Use, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. HIKVISION may also suspend providing the Services to you if we are investigating suspected misconduct by you.

Please note that if HIKVISION terminates, limits or suspends your Account pursuant to this Section 8.2, you will no longer be able to log in to your Account or use or access any Services via your Account.

 

9    Changes of Services

HIKVISION constantly changes and improves the Services. HIKVISION reserves rights, without liability to you, at its discretion, to add, alter, or remove functionality from a Service at any time without prior notice (updates, upgrades and variations of Services).

 

10   NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES 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 THE 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 THE SERVICES, AND HIKVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. HIKVISION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES. 

YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. HIKVISION DOES NOT REPRESENT OR GUARANTEE THAT THE 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 THE 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 THE 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 THE SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY. 

 

11   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 THE SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE 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 BE LIABLE FOR CLAIMS ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. 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.

 

12    Indemnification

You will indemnify and hold harmless HIKVISION and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or breach of the Terms of Use, that such liabilities, damages and costs were caused by you.

 

13   Governing Law and Dispute Resolution

The laws of the People’s Republic of China shall govern the Terms of Use. Any dispute, controversy or claim arising out of or in connection with the Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The arbitral tribunal shall be composed of three arbitrators. The language to be used in the arbitral proceedings shall be English, unless the Parties agree otherwise.

 

14    Miscellaneous

 

14.1 Entire Agreement; Waiver; Severability

The Terms of Use constitute the entire and exclusive understanding between you and HIKVISION with respect to the use of the Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between HIKVISION and you regarding the Services. HIKVISION’s failure to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision or of any other rights or provisions in the Terms of Use. If a court or tribunal should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.

 

14.2 Assignment

You may not assign or transfer the Terms of Use and any associates rights or obligations, by operation of law, without HIKVISION’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null. HIKVISION may freely assign or transfer these Terms of Use without restriction will remain in full effect.

 

15    Contact Us

Should you have any questions, please contact us immediately via email at tpp@hikvision.com.

 

 

Copyright © 2018 Hangzhou Hikvision Digital Technology Co., Ltd. ALL RIGHTS RESERVED

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