Last Updated: [ March], 2018
This Privacy Statement explains how Jovision Technology Co., Ltd. (“Jovision”) as data controller handles your personal information we collect when you use our Jovision Services over the Internet and mobile applications, including www.jovision.com (collectively, the “Jovision Services”). This Privacy Statement also applies to any personal data we collect from the operation and use of products we sell while connected to the Jovision Services (the “Products), and any other Jovision Services that link to this Privacy Statement.
Please review this Privacy Statement carefully. By clicking a box indicating your acceptance, you are agreeing to the Privacy Statement and the Terms of Service. Once Privacy Statement and the Terms of Service were accepted by you, you may use the Jovision Services and/or create an online account for the Jovision Services (“Account”). If you do not agree with these practices, please do not use the Jovision Service, or otherwise provide us with your personal information.
We may modify this Privacy Statement at any time, provided certain provisions of this Privacy Statement prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to this Privacy Statement, we will notify you by the email address specified in your account or by means of notice on the Website of any such changes which will become effective upon 30 days from the date of notification. If you do not want to accept such changes, you need to terminate your Account within such 30-day period. If you do not terminate your Account, this will indicate your acknowledgment and agreement to be bound by the revised Privacy Statement. In our notification about modifications, we will specifically point to such 30 days period and its impact.
You can determine when this Privacy Statement was last revised by referring to the date it was “Last Updated” above.
1. Collection of Information
When you interact with us and our Jovision Services, including through a connected Product, Jovision will collect information about you, including “personal information” and “non-identifying information.”
“Personal information” shall have the same meaning as “personal data” and shall mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Examples of personal information include your name, telephone number, email address, physical address, and payment information.
“Non-identifying information” means information that alone cannot directly identify you, such as product serial numbers, log data that automatically records information about your visit, such as your browser type, domains, page views, the URL of the page that referred you, the URL of the page you next visit, your IP address, and page navigation, unique device ID collected from Products and your mobile devices, data from cookies, pixel tags, and web beacons, video content files that do not contain personal visual identity information, the country and time zone of the connected Product, geo-location, mobile phone carrier identification, and device software platform and firmware information.
2. How We Collect Your Information
Jovision collects personal information about you through the Jovision Services in several ways.
· When you register with Jovision Services and activate Products: You voluntarily provide us with personal information when you create your account to use Jovision Services or register a Product for online video access and viewing (“Account”). In addition, when you install and activate Products, you will be asked to provide certain basic information via our Jovision Services, such as your camera name, the camera’s verification code, and serial number, which are unique to the Product connected to the Jovision Services and associated with your Account.
· When you purchase Products from us or subscribe to online data storage services: When you pre-order or makes purchases through our Jovision Services, we request that you provide your payment information, such as a credit card number, account security code, name, address, and any other information necessary to complete the transaction and ship the Product to you. Your personal information will be saved as your user profile in your Account, including payment information for recurring charges.
· When you saved and shared video content with others on the Jovision Services: When you save and share content through Jovision Services, like video clips, live video streams, images, captions, and comments (“Your Content”), for other individuals to access, we will collect identifying information that will allow you to save and share Your Content, such as your email address and email address of the person you elect to share your content with.
· When you elect to refer the Jovision Services to a friend: Through our Jovision Services, you may be able to invite other people such as friends or family to use Jovision Services and download our mobile app. We collect that person’s email address to automatically send an email invitation on your behalf. We collect this information to send this email, to register your friend or family member if your invitation is accepted, and to track the success of our invitation services. In order to refer a friend, you must first obtain the consent from the person being referred to provide information on their behalf and inform them that they will be receiving a communication from Jovision.
· When you connect your Jovision Services’ Account, or share Your Content, with your social networking account: When you connect or link to our Jovision Services via social networking sites, including by sharing Your Content with friends via your social networking account, such as Facebook, WeChat etc., we collect your profile information from your social networking account. For information on what information is shared with us, please review the privacy settings in your social media account or the permission screen presented at the time of connection.
· When you contact us for support: When you respond to our e-mails, contact our customer service, or use other customer support tools, we collect your information to provide you with support, verify your identity with your Account profile information, and confirm your Product.
Jovision collects non-identifying information through the Jovision Services in several ways.
· When you use the Jovision Services to help us understand how you are using the service, improve Jovision Services, and support: Jovision often collects industry-standard non-identifying information when you access our Jovision Services. We collect this type of information to provide you with a more relevant experience, to prevent misuse, and to ensure that our Jovision Services are working properly. We may also record adjustments you make to our Products through the Jovision Services. We store this information along with data collected directly by your Product. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
We may also engage one or more third party service providers to serve online advertisements on our behalf via Jovision Services. They may use a pixel tag or other similar technology to collect anonymous information about your visits to sites, and they may use that information to target advertisements for our Products and Jovision Services. This information is collected anonymously, in a manner that does not personally identify you. For more information regarding this practice and to opt-out of such collection and use of this information by our third-party service providers, please see Networkadvertising.org.
· When you saved and shared video content with others on the Jovision Services: When you save and share Your Content through Jovision Services for other individuals to access, we will collect non-identifying information that will allow you to save and share Your Content.
· When you elect to visit a third-party site from the Jovision Services: Our Jovision Services may also contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). We record your interaction with these links.
· When you stream Your Content to the Jovision Services: When you use the Product’s recording or streaming features, we may record and process video and/or audio content from the Product. This may include capturing and emailing to you portions of this data as part of a notification or analyzing the data to identify motion or other events. We may process information from your Product so that we can send you alerts when something happens. In addition, if you have the recording features enabled, we will capture, process and retain video and audio data recordings from your device for the duration of your recording subscription period.
This Privacy Statement does not apply to the collection of information in any way other than as listed above.
3. Your Choices
We think that you benefit from a more personalized experience when we know more about you and your preferences. However, you can limit the information you provide to Jovision as well as the communications you receive from Jovision through your Account preferences.
You will only receive commercial e-mails from us if you have granted prior express consent or if sending those e-mails is otherwise permitted, in accordance with applicable laws, on an opt-out basis.
You may choose not to receive commercial e-mails from us by following the instructions contained in any of the commercial e-mails we send or by logging into your Account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, we may still e-mail you non-commercial e-mails related to your Account and your transactions on the Jovision Services.
Cookies and Tracking
You can opt-out of being targeted by certain Third-Party Ad-Servers and Jovision served ads online using the National Advertising Initiative’s Opt-Out Tool, the About Ads Opt-Out Tool, or on TRUSTe’s site.
You may manage how your mobile device and mobile browser share certain device data with Jovision by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
4. How Jovision Uses Information
In order to provide a better user experience, we, or our vendors on our behalf, use information collected as described in this Privacy Statement to:
· Operate, maintain, improve, and develop our Jovision Services and Products;
· To personalize your experience with our Jovision Services and Products;
· Increase the safety of our Jovision Services and Products – for example, for user authentication, security protection, fraud detection, filing, and backups;
· Provide you with interest-based ads and offers for products and services from us;
· Facilitate and fulfill orders placed through our Jovision Services;
· Answer your questions and respond to your requests;
· Perform analytics and conduct customer research;
· Communicate and provide additional information that may be of interest to you about our products and services;
· Send you reminders, technical notices, updates, alerts, support and administrative messages, service bulletins, and requested information;
· Manage our everyday business needs, such as auditing, administration of our Jovision Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;
· Allow you to save and share content through our Jovision Services; and to
enhance other information we have about you to help us better understand you and determine your interests;
Assuming that you have granted prior express consent or if sending those e-mails is otherwise permitted, in accordance with applicable laws, on an opt-out basis, Jovision may contact you by sending electronic communications in order to inform you about new products and services, unless you choose to unsubscribe.
We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.
5. How We Share Your Information
You may understand that Jovision may disclose personal information to cloud service provider, network service provider and other service providers with non-disclosure agreement.
The following are the limited situations where we may share personal information:
· We share your personal information with Jovision affiliates, who are required to use that information in accordance with the purposes described in this Privacy Statement.
· We use service providers, vendors, technicians and other third-parties to help us process, store, and protect some of your data and otherwise help us administer our Products and Jovision Services effectively, provide a better user experience, process your purchases, and increase the quality of our Products and Jovision Services. These third-parties are forbidden from using your personal information for non-Jovision purposes and are required to protect your information in accordance with this Privacy Statement and applicable laws.
· We may provide information to third-parties if we believe in good faith that we are required by mandatory law to do so. For example, to comply with legal orders and government requests; response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the countries where we operate; to protect the interests of our customers and users of the Jovision Service; to respond to claims that any content posted or displayed using the Jovision Service violates the rights of third parties; in an emergency protect the health and safety of users of the Jovision Service or the general public; or to enforce compliance with our Terms of Service.
· If Jovision and/or all or part of our assets are ever sold or transferred, your personal information may be among the items sold or transferred. Under such circumstance, we will notify you by the email address specified in your account or by means of notice on the Website of (i) the identity and contact information of the purchaser or transferee, (ii) your right to revoke your consent to the provision of personal information, and (iii) the means by which you may revoke such consent.
· We share information to protect our own legitimate business interests when we believe in good faith that we are required or permitted by law to do so. For example, we may share your personal information as needed to support auditing, compliance, and corporate governance functions; to combat fraud or criminal activity; to protect our rights or those of our affiliates and users; or as part of legal proceedings affecting Jovision.
We may also disclose non-identifiable information (for example, aggregated or anonymized data) publicly or with third-parties, provided those data have been rendered anonymous in such a way that the data subject is no longer identifiable. For example, we may share non-identifiable information:
· for the same reasons we might share Personal information;
· to better understand how our customers, interact with our Jovision Services and Products, in order to optimize your experience, improve our products, or provide better services;
· for our own research and data analytics;
· with our vendors for their own analysis and research;
· to facilitate targeted content and ads; or
· with Third-Party Ad-Servers to place our ads on the Jovision Services and on third-party sites, and to analyze the effectiveness of those ads.
6. Securing Your Personal Information
Jovision has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. We also conduct periodic reviews and assessments of the effectiveness of our security controls.
Notwithstanding the above, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Jovision cannot guarantee that your personal information is under absolute security with the existing security technology. If you have any questions about the security of our Jovision Services, you can contact us by email at [ email@example.com]
7. Accessing, Correcting and Retention Your Personal Information
Jovision generally stores your personal information on Jovision’s servers until you delete or edit it, or for as long as you remain a Jovision customer in order to provide you with the most relevant offers.
Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access, update or delete your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our Jovision Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
We will retain your personal information for the period necessary to fulfill the purpose outlined in this Privacy Statement unless a longer retention period is required or permitted by applicable law.
8. Social Community Features and Social Networks
Social Community Features
Our Jovision Services may allow you to publicly post or share information, communicate with others, or otherwise make information accessible to others. Prior to doing so, please read our Terms of Service carefully. All the information you post, share, or communicate may be accessible to anyone with Internet access, and any personal information you include may be read, collected, and used by others.
9. Children’s Privacy
Jovision does not intend that any portion of its Jovision Services will be accessed or used by children under the age of 18, or equivalent minimum age in the relevant jurisdiction and such use is prohibited. Our Jovision Services are designed and intended for adults. By using the Jovision Services, you represent that you are at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction and understand that you must be at least 18 years old, or above the equivalent minimum age in the relevant jurisdiction in order to create an account and purchase the goods or services advertised through our Jovision Services. If we obtain actual knowledge that an account is associated with a registered user who is under the age of 18 years old, or equivalent minimum age in the relevant jurisdiction, we will promptly delete information associated with that account. If you are a parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction and believe he or she has disclosed personally identifiable information to us please contact us by email at [ firstname.lastname@example.org]. A parent or guardian of a child under the age of 18, or equivalent minimum age in the relevant jurisdiction may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
10. Global Operations
11. Contact Us
Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can always reach us by email at [ email@example.com]. Please provide: (i) your name (or nickname) and preferred method of contact; and (ii) the details of your request or comment along with any corresponding website links.
Copyright@2018 Jovision Technology Co., Ltd. ALL RIGHTS RESERVED.
TERMS OF SERVICE
Last updated: [ March], 2018
Jovision Technology Co., Ltd. and its affiliates (collectively “Jovision”) provide online services over the Internet and mobile applications, including at www.Jovision.com (collectively, the “Jovision Services”). The Jovision Services are provided for use in conjunction with various Jovision Internet-connected devices (“Products”).
These Terms of Service (“Terms”) govern your access to and use of the Jovision Service, including through the Products. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these terms, do not register or use any Jovision Services.
1. No Life-Safety or Critical Uses of the Jovision Services
You acknowledge and agree that the Jovision Services and Products are not certified for emergency response. Jovision makes no warranty or representation that use of the Jovision Services or Products with any third-party product or service will affect or increase any level of safety or security. The Jovision Services and Products are not a third-party monitored emergency notification system — Jovision will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
2. Electronic Contracting and Messaging
By clicking a box indicating your acceptance, you are agreeing to these Terms and our Privacy Statement. Once the Terms and the Privacy Statement were accepted by you, you may use the Jovision Services and/or create an online account for the Jovision Services (“Account”). You agree that when you click on any “I Agree” button when using the Jovision Services, you affirmatively consent to conduct business electronically with Jovision, and such processes have the same force and effect as your written signature. You agree and consent to Jovision sending you disclosures, messages, notices, and other communications, as necessary to provide the Jovision Services to you, to your designated mobile phone and email account.
3. These Terms May Change
Jovision reserves the right to make changes to these Terms, provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. We will notify you through the Jovision Services or via email of any such modifications which will become effective upon 30 days from the date of notification. If you do not want to accept such modifications, you need to terminate your Account within such 30-day period. If you do not terminate your Account, this will indicate your acknowledgment and agreement to be bound by the revised Terms. In our notification about modifications, we will specifically point to such 30 days period and its impact.
4. Relationship to Product Warranty
These Terms govern your use of Jovision Service. If you purchase any Product from an authorized distributor, in addition to your warranty rights against the distributor (which are exclusively governed by your contractual relationship with such distributor) you may benefit from the limited warranty provided with that Product.
5. Eligibility; Children
You are prohibited from registering a Product for use with the Jovision Service or from using the Jovision Service unless you are 18 years of age or older, or above the age of equivalent minimum age in the relevant jurisdiction. You may not use the Jovision Service where prohibited by applicable law. If you are not 18 years of age or older, or under equivalent minimum age in the relevant jurisdiction, you must have your parent or legal guardian register a Product or create an Account to use the Jovision Service. Please contact us by email at [ firstname.lastname@example.org ] if you believe your child has provided us with personal information in connection with the Jovision Services.
6. Creating an Account
To use your Product via Jovision Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the Jovision Service does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. Jovision is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
7. System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to the Jovision Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the Jovision Services. Jovision Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) a mobile device with Android OS or Apple iOS to pair the Products with its nearby Wi-Fi network; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by Jovision in connection with specific Products. In addition, you acknowledge that Jovision may activate Bluetooth or Wi-Fi services on your device, with prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the Jovision Service.
8. Changes to Jovision Services
Jovision may change, upgrade, discontinue, or temporarily suspend any feature or component of the Jovision Service at any time without notice. Jovision cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the Jovision Service will operate as intended. You acknowledge that you may be required to install software updates to use the Jovision Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Jovision Services. If you transfer a Jovision Product to a new owner, your right to use the Jovision Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Jovision Services under your Account. Upon termination of your Account, your right to use the Jovision Services will automatically terminate and we may delete Your Content and other information related to your Account at the end of your subscription period. You may terminate your Account at any time by e mailing us at [ email@example.com ].
10. Rights of Use
Subject to your compliance with these Terms, Jovision grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable right to install and use (a) our mobile applications that we make available from time to time (“Mobile Apps”), and (b) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the Jovision Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Jovision or its licensors.
11. Usage Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Jovision Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the Jovision Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Jovision Services; (v) use the Software and Jovision Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Jovision, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations or derivative works of, the Software, Jovision Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or Jovision Services for any service bureau, time-sharing, resale or similar purposes. Jovision reserves all rights in and to the Software not expressly granted to you under these Terms.
12. Open Source
Certain items of software included with the Products 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, Jovision makes such Open Source Software, and Jovision modifications to that Open Source Software, available by written request to Jovision at [firstname.lastname@example.org]. By downloading/requesting the source code to any of the Open Source Software (“Source Code “), you agree to the following:
JOVISION 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, JOVISION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOVISION 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.
13. Access to Jovision Services
You may access and use the Jovision Services solely for the purposes of (a) operating, managing, monitoring, and maintaining the Products, (b) viewing, sharing, and storing video, audio, and other content captured and transmitted by the Products to the Jovision Services, and (c) to subscribe to Jovision Services, manage your Account and preferences, and maintain your registration data.
When using the Jovision Service, you shall not:
· disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the Jovision Services or any computer network owned by Jovision or any other user of the Jovision Services;
· circumvent any technological measure implemented by Jovision or any of Jovision’s providers or any other third party (including another user of the Jovision Services) to protect the Jovision Services;
· upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter the Jovision Services or a computer, portable device, computer network, communication network, data, or any other system, device or property owned by Jovision or any other user of the Jovision Services;
· run Maillist, Listserv, or any form of auto-responder or “spam” on the Jovision Services;
· 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 the Jovision Services as you).
You may elect to display, share, email, or otherwise make available (collectively, “Submit”) text, graphics, photographs, video, images, audio, and other works of authorship via the Product or directly into the Jovision Services, including for storage and sharing with third parties online (“Your Content”). When you post Your Content in publicly accessible sections of the Jovision Services or third party social networking sites via the Jovision Services, such content will be accessible and viewed by others. You are solely responsible for Your Content submitted through the Jovision Service, and Jovision will not be liable for any errors or omissions in Your Content.
Jovision may also make available on the Jovision Services text, graphics, photographs, video, images, illustrations, audio, music, commentary, and other works of authorship it owns or from other users of the Jovision Services (“Jovision Content”). Jovision Content, along with the Jovision Services and its underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of relevant jurisdiction and other countries. You may access and view Jovision Content solely for personal use and consumption, and are prohibited from copying, selling, renting, distributing (including through digital distribution), publicly performing (including through digital performance), marketing, making derivative works, or otherwise exploiting such Jovision Content without Jovision’s prior written consent.
Jovision makes no endorsement, representation or warranty of any kind about Your Content or Jovision Content, or any information, services or recommendations accessed through the Jovision Services. Our responsibility for Jovision Content and any information, services or recommendations accessed through the Jovision Services shall be limited to the same extent as applicable to defects in the Jovision Services and shall be limited in accordance with the “Limitations on Liability” section below. We are not responsible for the fitness for a particular purpose, accuracy, completeness, correctness, reliability, effectiveness, or correct use of information you receive through the Jovision Services.
You agree that all Your Content and Jovision Content accessed by you using the Jovision Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from all liability for you having acquired or not acquired Your Content or Jovision Content through the Jovision Service.
By making Your Content available on or through the Jovision Services – and subject to your privacy settings in the Jovision Services, by which you can control how to share Your Content – you grant to Jovision a non-exclusive, transferable, sub-licensable, worldwide, royalty-free right and license to use, copy, modify, publicly display, publicly perform and distribute Your Content in connection with operating and providing the Jovision Service to you. We also have the right to reformat, creative derivative works of, excerpt, translate, modify, or otherwise change any of Your Content for storage and viewing via the Jovision Services. When you post or share Your Content for public viewing, you grant Jovision the right and license – as far as required for the provision of the Jovision Services – to copy, distribute, license, market, perform, display, distribute, exploit, and create derivative works of Your Content without any compensation to you, in any medium or via any channel now known or later discovered. Such licenses and rights shall be sub-licensable and shall terminate automatically, once you terminate your Account or delete Your Content, unless you have shared Your Content with others and they have not deleted Your Content. In this latter case, the licenses and rights shall be perpetual and irrevocable.
You represent and warrant that you own Your Content or that you have all rights necessary to Submit Your Content in the manner in which you choose and to grant us a license to use Your Content as described in these Terms.
You warrant, represent, and agree that Your Content and the use and provision of Your Content on the Jovision Services as provided in these Terms will not: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
Unless otherwise stipulated, you grant to Jovision a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Jovision Services any comments, suggestions, feedback, or ideas Submitted by you about the Jovision Service and we may access, copy, modify, redistribute, publish or otherwise use them for any purpose and in any way in connection with the provision of the Jovision Services without due compensation to you. Jovision does not waive any right to use similar ideas previously known to us or developed by us.
15. Limitations of Jovision Services
The Jovision Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for the Jovision Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Jovision Services are subject to sporadic interruptions and failures for a variety of reasons beyond our reasonable control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Jovision is not responsible for any damages allegedly caused by the failure or delay of the Jovision Services to reflect current status of the Product, notifications, or timing of Your Content.
The Jovision Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. Jovision does not offer any specific uptime guarantee for the Jovision Services. Jovision is not liable for any losses arising from a suspension of the Jovision Services.
All information concerning the Jovision Service and use of the Product with the Jovision Service is provided “as is” and “as available”. Jovision does not guarantee that this information is correct or up to date. Accessing the information through the Jovision Service is not a substitute for direct access to the information in or on the Product itself.
Although Jovision cares about the security, integrity, and availability of Your Content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide Your Content and your personal information at your own risk.
16. Reliance on Third Parties
The Jovision Services rely on certain third-party products and services such as data storage, synchronization, and communication. We rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the Jovision Services. These third-party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. Jovision is not responsible for any damages and losses due to the operation of these third-party products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and Jovision exclusively and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply with respect to your contractual relationship with Jovision.
17. Third-Party Website Links and Referrals
18. Release Regarding Third-Parties
Jovision is not responsible for third parties – which were not engaged by Jovision to support in connection with the rendering of the Jovision Services – or their products and services, including, without limitation, any third-party products and services that may be used in connection with the Jovision Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
You agree to defend, indemnify, and hold Jovision, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the Jovision Services and Products which constitutes a culpable (negligent or willful) violation of these Terms and any other information issued by Jovision; (ii) your culpable violation of these Terms; (iii) Your Content (to the extent it causes a culpable infringement), and (iv) your culpable violation of any law or the rights of any third party. Jovision will use reasonable efforts to notify you of any such claim, action or proceeding without undue delay upon becoming aware of it.
20. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JOVISION SERVICE (I.E. THE WEBSITE, THE MOBILE APPS, SUBSCRIPTION SERVICES, AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND JOVISION 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.
JOVISION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE JOVISION SERVICE (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
JOVSION MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND JOVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE JOVISION SERVICES. JOVISION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE JOVISION SERVICE.
YOU ACKNOWLEDGE THAT THE USE OF THE JOVISION SERVICE SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. JOVISION DOES NOT REPRESENT OR GUARANTEE THAT THE JOVISION SERVICE WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND JOVISION DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE JOVISION SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT JOVISION) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT JOVISION SHALL NOT BE LIABLE IN THE EVENT THAT THE JOVISION SERVICE 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 JOVISION SERVICE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
21. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOVISION, 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 JOVISION SERVICE, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE JOVISION SERVICE OR BY FAILURES OF THE JOVISION SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOVISION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOVISION’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE JOVISION SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO JOVISION OR JOVISION’S AUTHORIZED RESELLER FOR THE JOVISION SERVICE IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. JOVISION DISCLAIMS ALL LIABILITY OF ANY KIND OF JOVISION’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOVISION AND YOU.
22. Governing Law and Dispute Resolution
This Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the laws of People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a dispute arises between you and Jovision, our goal is to learn about and address your concerns. You agree that you will notify Jovision about any dispute you have with Jovision regarding these Terms or our Products or Services by contacting Jovision by e-mail at [ email@example.com]. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 90 (ninety) days after submission, you or Jovision may bring a formal proceeding.
You agree all disputes arising out of or relating, in any way, to these Terms or any of the Jovision Services, on an individual and purely bilateral, non-class/non-representative bases, 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. Any dispute arising out of or related to your use of the Jovision Service must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
23. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and Jovision with respect to the use of the Jovision Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Jovision and you regarding the Jovision Services. Jovision’s 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.
You may not assign or transfer these Terms and any associated rights or obligations, by operation of law, without Jovision’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jovision may freely assign or transfer these Terms without restriction.
25. Contact Us
Should you have any questions, please contact us immediately at [ firstname.lastname@example.org].
Copyright © 2018 Jovision Technology Co., Ltd. All Rights Reserved. All trademarks, service marks, and logos (“Marks”) displayed on the Jovision Services are the property of Jovision or of their respective holders. You are forbidden from using any of the Marks without the prior written consent of Jovision or such respective holders.
Thank you for purchasing Jovision Technology Co., Ltd. (“Jovision”) products. This limited warranty (“warranty”) gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty applies only to the original purchaser of the product. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
No distributor, reseller, agent, or employee is authorized to make any modification, extension, or additions to this limited warranty.
Your Jovision product is warranted for a period of two (2) year from the date of purchase against defects in materials and workmanship, or such longer periods as may be required by law in the state where this product is sold, when used normally in accordance with Jovision’s user manual.
You can request warranty service by emailing us at [ email@example.com ].
For any defective Jovision products under warranty, Jovision will, at its option, (i) repair or replace your product free of charge; (ii) exchange your product with a functional equivalent product; At Jovision’s sole discretion, repair or replacement may be made with a new or refurbished product or components. This warranty does not cover the shipping cost, insurance, or any other incidental charges incurred by you in returning the product.
Except where prohibited by applicable law, this is your sole and exclusive remedy for breach of this limited warranty. Any product that has either been repaired or replaced under this warranty will be covered by the terms of this warranty for the longer of ninety (90) days from the date of delivery or the remaining original warranty period.
This warranty does not apply and is void:
· If the warranty claim is made outside the warranty period or if the proof of purchase is not provided.
· For any malfunction, defect, or failure caused by or resulting from the evidence of impact; mishandling; tampering; use contrary to the applicable instruction manual; incorrect power line voltage; accident; loss; theft; fire, flood, or other Acts of God; shipping damage; or damage resulting from repairs performed by unauthorized personnel.
· For any consumable parts, such as batteries, where the malfunction is due to the normal aging of the product.
· Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.
· For any software, even if packaged or sold with Jovision hardware.
· For any other damages free from defects in material or workmanship.
· Routine cleaning, normal cosmetic, and mechanical wear and tear.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOVISION DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY, THE SECURITY OF THE PRODUCT, OR AVAILABILITY AND RELIABILITY OF PRODUCT INFORMATION OR DATA.
NOTE: Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
IN NO EVENT WILL JOVISION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND JOVISION’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ALL PRODUCT INFORMATION AND DATA IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE.” JOVISION DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION AND DATA WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION AND DATA OR USE OF THE PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, DATA, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND JOVISION DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, DATA, OR PRODUCT. PRODUCT INFORMATION AND DATA PROVIDED BY JOVISION IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE PRODUCT IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD-PARTY MONITORING SERVICE.
Please do not hesitate to contact us at [ firstname.lastname@example.org] with any questions.