TERMS OF USE

THESE TERMS OF USE INCLUDE IMPORTANT LEGAL INFORMATION REGARDING YOUR ACCESS AND USE OF THIS SERVICE. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.

This Dynamic Domain Name System (DDNS) service under the name of "viewnetcam" is being made available by i-PRO Co., Ltd. ("i-PRO"). i-PRO reserves the right to temporarily or permanently terminate the DDNS service for any reason at any time. You should not rely on the availability of the DDNS service as a basis for purchasing any i-PRO products, including without limitation the i-PRO Network Camera and Network Disk Recorder ("i-PRO NETWORK CAMERA PRODUCT(S)").

i-PRO does not and cannot warrant that the DDNS service will be uninterrupted or error free. Accordingly, if You choose to use the DDNS service for security or surveillance purposes, You do so at Your sole risk.

These terms and conditions ("Terms of Use") are applicable to Your use of the DDNS service and related i-PRO Web site(s) (collectively the "Service"). Please read them carefully before proceeding. By clicking the "I Agree" button in the registration process, You agree to the Terms of Use. If You click the "Cancel" button or are otherwise not in full agreement with the Terms of Use, then You must not visit or use the Service. Please note that the Terms of Use may be modified or updated by i-PRO from time to time with or without prior notice to You. You are advised to review the Terms of Use for changes or updates on the i-PRO web site whenever you use this Service. Specific pages, materials, or services made available on i-PRO Web sites may have their own individual terms of use. Please follow any special instructions applicable to such pages, materials, or services.

PERMITTED USERS

USE OF THE SERVICE IS LIMITED TO USERS OF THE i-PRO NETWORK CAMERA PRODUCT(S) THAT HAS AN ABILITY TO USE THE SERVICE ("PERMITTED USER(S)"). IF YOU ARE NOT A PERMITTED USER, THEN YOU MUST NOT VISIT OR USE THE SERVICE. You may use the Service only for personal, non-commercial purposes. The Service is made available to You on an "AS IS" basis without warranty of any kind, express or implied. You acknowledge that You are of the majority or legal age or that you have obtained the permission of your parent, legal guardian or supervising adult, to use the Service. Upon granting permission to use the Service to any minor, You acknowledge that You are responsible for all conditions of these Terms of Use as they pertain to any minor who is under Your supervision, authority or control.

REGISTRATION

In order to use the Service, You are required to register your profile information (including e-mail address) ("Account"). When registering an Account, You must provide current, accurate, and complete information as prompted by the Service's registration form. When registering and/or access Your Account of the Service, i-PRO uses a secure server. When Your browser communicates with a secure server all information is encrypted, keeping it private. Only authorized employees have access to stored information. You are required to update Account information in order to keep it current, accurate, and complete. All notices in connection with the Service and this Terms of Use shall be sent via e-mail. The e-mail notice shall be deemed received when it is sent whether or not the e-mail notice has been read or opened. As part of the registration process, You will be asked to choose domain name and pass word. Your e-mail address and pass word will serve as Your "key" to the Service and therefore should be treated confidentially at all times. You are responsible for safeguarding the confidentiality of Your Account information. Additionally, You are responsible for any use of the Service under Your Account or password. You may not transfer or assign any rights to or interest in Your Account or password to a third party. i-PRO will not be responsible for any claim, loss, or damage arising from (i) Your failure to safeguard Your password or other Account information or (ii) use of the Service under Your Account or password. Please keep in mind that anyone who knows the Personal domain name of your Network Camera Product(s) can access to your Network Camera. If you do not wish that anyone to see you Network Camera images and/or images in Network Disk Recorder, protect your personal information and privacy by yourself. Using Password function of Network Camera Product(s) is one method to protect your personal information and privacy.

LIMITED USE OF THE SERVICE

You may use the Service only for personal, non-commercial purposes in connection with Your use of the i-PRO Network Camera Product(s) that has an ability to use the Service ("Limited Use").
You may NOT use the Service to:

  1. engage in acts of business/commercial operation or their preparation;
  2. disclose Your Account information or that of other users to third parties;
  3. intentionally or unintentionally violate any applicable laws or regulations;
  4. engage in acts that infringe or may infringe the intellectual property rights, including without limitation patents, copyrights, trademarks, or trade secrets, of any party;
  5. transmit content, information, or other data that is unlawful, obscene, harmful, threatening, defamatory, vulgar, libelous, tortious, or otherwise objectionable;
  6. engage in acts that disturb or may disturb the Service operation;
  7. transmit content, information, or other data that contains software/computer viruses or any other programs, files, etc., designed to harm or disturb the Service or telecommunications/computer equipment;
  8. transmit "spam" or any other unauthorized or unsolicited emails, advertising, product promotions, or solicitations;
  9. access another user's Network Camera Product(s) without authority;
  10. determine, learn, or hack into the Account information of other users;
  11. harass or violate the privacy or publicity rights of third party; and
  12. engage in acts that i-PRO identifies as inappropriate.

i-PRO reserves the right to remove Your account of the Service without any prior notice and without any liability if You use the service beyond the Limited Service, breach any conditions of these Terms of Use, or if You have unused the Service in connection with Your use of the i-PRO Network Camera Product(s) for more than a year. However, You agree that i-PRO shall not be responsible for screening, policing, editing or monitoring any content submitting, posted, viewed, transmitted, reproduced and/or distributed by any person on the Service. If You learn of any violation of the above rules or other terms and conditions of the Terms of Use, You are requested to contact i-PRO.

MODIFICATIONS OF THE SERVICE

i-PRO reserves the right, in its sole discretion, to modify, suspend, discontinue, and/or terminate the Service with or without notice to You. i-PRO shall not be liable to You in connection with any such modification, suspension, discontinuation, or termination of the Service.

MODIFICATIONS OF YOUR ACCESS TO THE SERVICE

i-PRO reserves the right, in its sole discretion, to modify, suspend, and/or terminate Your Account and/or access to the Service, for any reason, including without limitation Your failure to comply with the Terms of Use, with or without notice to You. i-PRO shall not be liable to You in connection with any such modification, suspension, and/or termination of Your Account or access to the Service.

MODIFICATIONS OF THE TERMS OF USE

i-PRO may modify, add and/or update the Service. You may choose such modified, additional or updated Service to use on a chargeable basis should any additional charges be applied.

INDEMNITY AND RELEASE

You agree to indemnify, defend, and hold i-PRO and its affiliates, employees, officers, directors and agents harmless from and against all claims, damage, losses, cost and expenses (including reasonable attorney's fee and court costs) arising out of (i) the use of the Service by You or under Your Account (including, relating to the URL you choose with this Service); or (ii) Your violation of the Terms of Use.

You forever release and waive Your right and that of Your minor offspring, assigns and successors, to bring suit against i-PRO and its affiliated entities for any injury or damages allegedly arising from the Service or your use of the Service, including, without limitation, any injury or damage You may suffer as the result of viewing any image or content on the Service. You agree to release any and all claims you have or may have against i-PRO and its affiliated entities as a result of Your use and/or continued use of the Service , whether said claims are known or unknown.

DISCLAIMERS

You acknowledge and agree that:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS.
  2. i-PRO DOES NOT WARRANT THAT THE SERVICE WILL (A) BE UNINTERRUPTED, ERROR FREE, OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPUTER CODE AND/OR (B) MEET YOUR EXPECTATIONS.
  3. ANY MATERIAL, CONTENT, AND/OR DATA TRANSMITTED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK.
  4. YOU ARE RESPONSIBLE FOR OBTAINING OR MAINTAINING ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION COMPUTER OR TELECOMMUNICATIONS EQUIPMENT, AND/OR NETWORK ACCESS NECESSARY TO USE AND ACCESS THE SERVICE.
  5. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY UNDER THE TERMS OF USE SHALL BE LIMITED TO DISCONTINUING USE OF THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL i-PRO OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED USE OF YOUR ACCOUNT; (C) UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS, DATA, NETWORK CAMERA PRODUCT(S); OR (D) ANY OTHER MATTER RELATING TO THE SERVICE.

IF THE FOREGOING LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY ARE HELD TO BE INVALID OR UNENFORCEABLE, THEN i-PRO AND ITS AFFILIATES', EMPLOYEES', OFFICERS' DIRECTORS' AND AGENTS' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU, IF ANY, FOR THE SERVICE.

THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BRING ANY CLAIM OR PROCEEDING AGAINST i-PRO OR ITS AFFILIATES, EMPLOYEES, OR AGENTS FOR ANY CAUSE ARISING FROM OR IN CONNECTION WITH THE SERVICE MORE THAN ONE YEAR FROM THE DATE ON WHICH SUCH CAUSE AROSE.

LINKS

Third party Web sites linked to or from the Service are independently operated and maintained by such third party. i-PRO provides no warranty as to the contents of such third party Web sites and cannot be responsible for any claims or damages arising out of the use thereof. Further, i-PRO does not endorse such linked third party Web sites or any information, products, or services described therein. You may not link any Web site, page, etc., to the Service without the express prior written consent of i-PRO.

PROPRIETARY RIGHTS

The proprietary rights to the Service and/or any content, programs, or materials incorporated therein are the property of i-PRO or other rights holders. Except for the Limited Use, it is an infringement of copyright and/or other proprietary rights to use, copy, transmit, distribute, modify, or otherwise reproduce in whole or in part the Service and/or any content, programs, or materials incorporated therein without the permission of i-PRO or other rights holders. You will not acquire any ownership rights to the Service and/or any content, programs, or materials incorporated therein as a result of Your use of the Service.

i-PRO is a registered trademark of i-PRO. No license to use the i-PRO trademark or other trademarks or logos used in connection with the Service is granted to You hereunder.

THIRD PARTY BENEFICIARIES

Except as expressly provided herein, the Terms of Use are not included for, nor shall they be for the benefit of or enforced by, any third party.

PRIVACY STATEMENT

Personal Data

On the i-PRO Web site(s), when i-PRO collects personal data from You, such as e-mail address, we state the purpose of the collection and a contact address for inquiries. Personal data collected from You may be used for support purposes related to Your use of the Service.
Please see Privacy Policy for more information.

LANGUAGE

The original English version of this Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other versions of this Terms of Use in other languages, the English version prevails.

INTERNATIONAL USE

The Site refers to Service that are generally available in the country where i-PRO determines. Particular country or locality where You access from may not have Service available. You agree to comply with all applicable local, state, national, and international laws and regulations. In particular, You agree to comply with all applicable laws regarding the transmission of technical data exported/re-exported from Japan, the United States, and the country in which You reside.

GENERAL

The Terms of Use constitute the entire agreement between You and i-PRO regarding the Service. All claims for enforcement, breach, or violation of responsibilities or rights under the Terms of Use shall be governed by the laws of the State of New York. i-PRO will not be liable to You for any breach of the Terms of Use as a result of any causes or conditions that are beyond i-PRO 's reasonable control. In the event that any provision of the Terms of Use is held to be unenforceable, then the remaining provisions of the Terms of Use will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely approximates the intent and economic effect of such severed provision. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflicts of laws principles thereof. The federal or state courts located in New York County, NY shall be the sole venue of any legal action arising our of any dispute between You and i-PRO. Any failure by i-PRO to exercise or enforce its rights under the Terms of Use shall not constitute a waiver of such rights.

SUBMISSIONS

i-PRO welcome Your comments regarding the Service and Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to i-PRO shall be and remain the exclusive property of i-PRO. Your submission of any such Comments shall constitute an assignment to i-PRO of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments. i-PRO will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, i-PRO asks that You not send i-PRO any comments that you do not wish to assign to i-PRO, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.