Recent updates to this Agreement may be found here.
Welcome to Dropcam, the application, website, and online service of 88Volts, Inc. ("Dropcam," "we," or "us"). This page explains the terms by which you may use our website and any other mobile or web services or software applications offered by Dropcam (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
We reserve the right, at our discretion, to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Dropcam provides a way for you to keep on eye on the people and places that matter to you most by private video streaming and archiving over the Internet.
To access the features of the Service, though, such as viewing of video content, you will need to register with Dropcam and create a "Member" account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Members. If you open a Member account on behalf of a company, organization, or other entity (a "Subscribing Organization"), then:
You may never use another Member's account without permission. When creating your account, you must provide accurate, true, current and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dropcam immediately of any breach of security or unauthorized use of your account. Dropcam will not be liable for any losses caused by any unauthorized use of your account, and you may be liable for the losses incurred by Dropcam or others due to any unauthorized use of your account.
You may control your Member profile and how you interact with the Service by changing the settings in your "My Account" page. By providing Dropcam your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your "My Account" page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities:
Dropcam may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice or liability for any reason, including if in Dropcam's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Service are subject to change or elimination at Dropcam's sole discretion. Dropcam reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Dropcam will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other Dropcam Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dropcam shall have no liability for your interactions with other Users, or for any User's action or inaction.
The Service allows Members to upload or post video content (your "Video Content"), and may also permit you to post feedback, comments, questions, and other information (collectively "User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit or storage facility for your online distribution and publication of your User Content. You understand and agree that while we use reasonable security measures to control access to your User Content, Dropcam does not guarantee any confidentiality with respect to any User Content.
You are solely responsible for the consequences of uploading, posting, publishing, or sharing your User Content. By uploading, posting, publishing or sharing your content, you affirm, represent, and warrant that:
You agree not to post User Content that:
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
The Service may permit you to share your Video Content with friends that you select ("Sharing"). If you choose to Share your Video Content, we will contact your friend at the email address you provide and invite him or her to join the Service, or if already a Member, to view your Video Content. By providing such an email address to us, you affirm, represent, and warrant that you are authorized to use and disclose the email address for the purpose of sending an invitation to your friend. If not already a Dropcam Member, your guest must register with the Service and become a Member in order to view your Shared content. You may at any time revoke Sharing with a Member by removing that Member from the Sharing feature as indicated on the Service.
Dropcam takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you create, send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Dropcam is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that when using the Service you may be exposed to User Content from a variety of sources that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Dropcam shall not be liable for any damages you allege to incur as a result of such User Content. Dropcam is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. Dropcam does not endorse any content or any opinion, recommendation or advice expressed therein, and Dropcam expressly disclaims any and all liability in connection with such User Content.
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Dropcam a royalty-free, sub-licensable, transferable, assignable, perpetual, irrevocable, non-exclusive, worldwide license to host, transfer, compress or convert for streaming, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, perform, display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in order to provide Members the Service. You also hereby grant each Member of the Service authorized by you to share your Video Content, a non-exclusive license to access your Video Content through the Service, and to use, reproduce, distribute, display and perform such Video Content as permitted through the functionality of the Service and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Service. You understand and agree, however, that Dropcam may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, personal license to use the Service. Dropcam reserves all rights not expressly granted herein in the Service and the Dropcam Content (as defined below). Dropcam may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Dropcam Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Dropcam, its affiliates, and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Dropcam Content and any materials or content accessible on the Service. Use of the Dropcam Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dropcam under any fiduciary or other obligation, and that we are free to use an Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dropcam does not waive any rights to use similar or related ideas previously known to Dropcam, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement.
This Service is not available to any Users previously removed from the Service by Dropcam.
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or User Content for improper purposes. You acknowledge that you provide your personal information and User Content at your own risk.
Since we respect artist and content owner rights, it is Dropcam's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Dropcam's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: Dropcam DMCA Notice
88Volts, Inc.
Address: 340 Brannan Street, San Francisco, CA 94107
Telephone: 415-963-4008
Fax: 415-963-4008
Email: info@dropcam.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
This procedure is exclusively for notifying Dropcam and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Dropcam's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Dropcam has adopted a policy of terminating without notice, in appropriate circumstances and at Dropcam's sole discretion, members who are deemed to be repeat infringers. Dropcam may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
The Service may contain links or references to third-party websites, advertisers, services, contests, special offers, or other events or activities that are not owned or controlled by Dropcam. Dropcam does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. Dropcam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Dropcam's Privacy Policy do not apply to your use of such sites. You expressly relieve Dropcam from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Dropcam shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
You agree to defend, indemnify and hold harmless Dropcam and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DROPCAM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DROPCAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE DROPCAM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DROPCAM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DROPCAM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DROPCAM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DROPCAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
IN NO EVENT SHALL DROPCAM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DROPCAM HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DROPCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from Dropcam's facilities in the United States. Dropcam makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dropcam without restriction. Any assignment attempted to be made in violation of this provision shall be void.
A. Governing Law. You agree that:
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Dropcam that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, unless submitted to arbitration as set forth in the following paragraph.
B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
C. Notification Procedures. Dropcam may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Dropcam in our sole discretion. Dropcam reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
D. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Dropcam via the Service, shall constitute the entire agreement between you and Dropcam concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dropcam's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
F. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms, and will not be deemed to limit or affect any of the provisions hereof.
The Service is offered by 88Volts, Inc., located at: 340 Brannan Street, Suite 304, San Francisco, CA 94107. Please contact us at info@dropcam.com with any questions regarding this Agreement.
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