Last updated: December 20, 2022
For certain functions or services of our Site, additional HIKVISION terms or requirements for certain functions or services may apply. In case of any conflict between such additional terms and these Terms, the additional terms shall prevail for the aforementioned certain functions or services.
You shall abide by all these Terms, including any additional terms or updates to them from time to time, and use the Site in pursuant with any applicable laws and regulations, otherwise, HIKVISION is entitled to suspend or terminate any services provided to you through this Site. You understand that HIKVISION reserves the rights to revoke your Account at any time.
1 Changes to the Terms or Site
HIKVISION reserves the right, at its discretion, to modify these Terms, provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these modifications are reasonable for you, taking into account your interests.
All modifications become effective upon the revised Terms posted at the Site or otherwise made available to you. If you do not agree to the revised Terms, please immediately exit the Site.
We may also change, upgrade, discontinue, or temporarily suspend any feature or component of the Site and/or its content at any time without notice.
2 Your Registration of the Site
You may use the Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. You are required to set up an OneHikID account first, and then provide more information (e.g. company information such as activities description, revenue, etc.) for us to evaluate your qualification of registering a Site account (“Account”). We will at our own discretion to decide whether to approve your Account creation application based on information your provided and our internal policies, so that you shall provide us with accurate and complete information.
3 User Account
When setting up the Account, you represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; and (ii) you will maintain the accuracy, security, and confidentiality of such information and your password; and (iii) your use of the Account does not violate any applicable law or regulation. You have no right to transfer your Account to any other third parties in any manner. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other HIKVISION users due to someone else using your Account as a result of your failing to keep your Account information secure and confidential.
5 HIKVISION Site Contents
HIKVISION Site Contents include but are not limited to the text, images, data, points of views, suggestions, web pages, downloadable materials, and links offered on or through the Site by HIKVISION. HIKVISION Site Contents are provided for your convenience only. Although HIKVISION has attempted to provide accurate information on the Site, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. HIKVISION may change the contents available on the Site or the products mentioned at any time and without notice.
Subject to these Terms and our policies (including any terms that may be updated from time to time), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our services and HIKVSION Site Contents. You may use our services and HIKVISION Site Contents only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the contents.
6 Software Contents
HIKVISION or its licensors own and retain all rights, including all applicable intellectual property rights, in all software available on the Site, in both source and binary forms, sample code, associated documentation, and other related materials (collectively, "Software Contents").
Unless you have obtained relevant license through other agreement entered between you and HIKVISION, nothing in these Terms grants any right or license to Software Contents to you, and you shall not:
- • copy or reproduce the Software Contents or any part thereof, in any form;
- • remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software Contents;
- • use the Software Contents 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;
- • modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of the Software Contents or any part thereof (except to the extent applicable laws specifically prohibit such restriction); or
- • use the Software for any service bureau, time-sharing, resale, or similar purposes.
7 Your Contents
The Site enable you to update, share or display your contents, including without limitation your company detailed information, activity description, your products and solution information, your trademark and logo ("Your Contents") with HIKVISION and/or other users. You retain all intellectual property rights (if any) in, and are responsible for, the Your Contents you create and share. You shall ensure and guarantee that any of Your Contents would not infringe rights of HIKVISION or any other third parties.
To the extent that you provide Your Contents, and with your explicit prior consents or otherwise reached agreement(s) between the parties, you may grant HIKVISION, as case by case, a royalty-free, sublicensable, exclusive or non-exclusive, worldwide license to distribute, copy, create derivative works based on, publicly perform, publicly display, and otherwise use Your Contents. Nothing in these Terms shall restrict any legal rights HIKVISION may have to Your Contents, for example under other licenses. We reserve the right to remove Your Contents, particularly in relation to contents that we believe violates these Terms or other HIKVISION policies or any applicable laws or regulations.
8 Open Source
Certain items of HIKVISION Site Contents or Software Contents 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: firstname.lastname@example.org. 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.
9 Your Use of the Site
When using HIKVISION Site, you shall not:
- • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, HIKVISION Site 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 Site;
- • 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 Site, or any other system, device or property;
- • run Maillist, Listserv, or any form of auto-responder or "spam" on HIKVISION Site;
- • 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 Site as you).
10 Limitations of HIKVISION Services
HIKVISION Site are intended to be accessed and used for non-time-critical information. While we strive for HIKVISION Site to be highly reliable and available, it is not intended to be reliable or available 100% of the time. HIKVISION Site 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 Site.
HIKVISION Site may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. HIKVISION does not offer any specific uptime guarantee for HIKVISION Site. HIKVISION is not liable for any losses arising from a suspension of HIKVISION Site.
All information concerning HIKVISION Site and use of the Site is provided "as is" and "as available". HIKVISION does not guarantee that this information is correct or up to date.
11 Limitations of HIKVISION Site Due to Reliance on Third Parties
HIKVISION Site may rely on certain third-party products and services. For example, some aspects of HIKVISION Site– such as data storage, synchronization, and communication – are enabled by Amazon Web Services and Internet Data Center or other providers. 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.
12 Intellectual Property
All trademarks and logos displayed, mentioned or otherwise used in the Site are property of HIKVISION or its licensors as stated if applicable. You are not permitted to use any of these trademarks or logos pertaining to HIKVISION or other licensors in any way without explicit prior written permission from HIKVISION or such licensors as applicable.
All contents on the Site are copyrighted by HIKVISION or applicable licensors. Without prior written consent of HIKVISION or other related parties, any contents on the Site shall not be reproduced, modified, promoted, distributed, photocopied, played, disassembled, reverse engineered, decompiled, linked or transmitted with hyperlinks, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any other purpose by any person by any means.
13 Compliance Requirements for Using the Site
13.1 Data Compliance. Both you and HIKVISION may provide certain personal data to the other party for purposes related to the performance of obligations under HIKVISION Partner Program. Both parties, as well as all of the people who work on their behalf within the framework of this Program, shall comply with all applicable data protection laws and regulations. Both parties will only collect and use the other party's personal data to the extent required to carry out their contractual and cooperation relationship under the Program. Both parties warrant that they have the right to provide this data, and will agree to this data being collected to this extent and used for this purpose.
13.2 Compliance with Relevant Export Regulations. Any of HIKVISION Site Contents, Software Contents and Your Contents shall be in compliance with all applicable export regulations including the Export Administration Regulations of U.S.A. HIKVISION shall not be liable for any claims or damages arising from such inherently dangerous use, illegally export or re-export of the aforementioned contents.
13.3 Human Rights Protection. You undertake to respect human dignity and human rights and comply with the international humanitarian law. You also commit to develop an ongoing effective, appropriate and proportionate procedures guaranteeing the respect of human rights, throughout the whole chain of its activities both for itself and for its subcontractors, customers and suppliers.
13.4 You hereby further confirm and undertake any of the contents you obtained from or licensed by HIKVISION, or your own contents developed in conjunction with HIKVISION Site Contents or Software Content shall not be resold or distributed (i) to countries or territories, subject to U.S. economic sanctions, including Cuba, Iran, North Korea, Syria and the Crimea Region of Ukraine, or (ii) to any individual or entity that is listed on the Specially Designated Nationals and Blocked Persons List (an “SDN”) maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”), or that is listed on the Foreign Sanctions Evaders List maintained by OFAC (an “FSE”), or that, to the knowledge of you, is controlled or fifty percentage or more owned, directly or indirectly, by one or more SDNs or one or more FSEs. You hereby confirm and undertake that any of HIKVISION Site Contents, Software Contents and Your Contents shall not be resold or used in relation to weapons of mass destruction, or the development and/or production of chemical or biological weapons, or activities in the context or related to any nuclear explosive, or unsafe nuclear fuel-cycle activity, or in support of serious human rights abuses.
13.5 You hereby confirm and undertake that HIKVISION Site Contents, Software Contents and Your Contents shall not be used to covert surveillance of natural persons by monitoring, extracting, collecting or analyzing data from information and telecommunication systems and shall not be used in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law.
13.6 Both you and HIKVISION hereto shall take social responsibilities, treat employees well, protect the environment, resist commercial bribery and unfair competition, be honest in business activities, contribute to the sustainable development of social economy and environment, and abide by laws and regulations and globally recognized business ethics standards/norms. You shall follow the applicable laws and regulations to avoid infringement of third party rights, including but not limited to public security interests, invasion of privacy, in violation of the provisions of data protection, such as disgraceful consideration in violation of the behavior.
14 Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use HIKVISION Site, or until terminated in accordance with the provisions of these Terms. At any time, and without prior notice, we may suspend or terminate your rights to use HIKVISION Site if we believe in good faith that you have used any contents or services relating to HIKVISION Site in violation of these Terms, especially section 13 hereunder.
You are prohibited from registering an Account for use of this HIKVISION Site unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use the Site where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction.
16 Service Availability
The availability of the services described on the Site, and the descriptions of such services, may vary in your country or region and include services not launched in your country or region. Please consult your local HIKVISION sales representative or agent for specific services information.
17 Links to Third Parties
Although links to third party websites may be contained in the Site for your convenience, HIKVISION shall not be responsible for any content of any such websites. You might need to review and agree to applicable rules of use when using such websites. In addition, a link to third-party website does not imply that HIKVISION endorses the website or the products or services referenced therein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED ON“AS IS” BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. HIKVISION HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
19 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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, AND/OR LOSS OF BUSINESS, IN CONNECTION WITH THE SITE OR THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE CONTENTS CONTAINED HEREIN, EVEN IF HIKVISION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE AGREED IN WRITING BY HIKVISION IN ANY OTHER AGREEMENT, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, HIKVISION SHALL NOT BE LIABLE FOR THE MATERIALS OF THE SITE, REGARDLESS OF THE REASON OF THE LIABILITY OR THE TORT THEORY IT BASED ON.
20 Governing Law and Dispute Resolution
You agree that your access and all related activities on or through the Site shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. You agree that any dispute between the parties arising out of or in connection with these Terms or your access and all related activities on or through the Site shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in some jurisdiction where such dispute resolution may be prohibited. For example, if you are a user based in the European Union, you may make a claim in the courts of the country where you reside.
21 Entire Agreement; Waiver; Severability
Additional terms and conditions may apply to services and to specific portions or features of the Site, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Our 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.
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.
23 Contact Us
Should you have any questions, please contact us immediately via email at email@example.com
Hangzhou HIKVISION Digital technology Co., Ltd.
No.555 Qianmo Road, Binjiang District, Hangzhou China