TERMS OF SERVICE
Terms of Service
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1. Acceptance of Terms Skyzone Entertainment, Inc. and its affiliates (collectively Skyzone) offer the RemoteCam service for personal, non-commercial use only. Use of the RemoteCam service is subject to these Terms of Service (TOS), as modified and supplemented from time to time. Skyzone Entertainment, Inc. and its affiliates (collectively Skyzone) offer the RemoteCam service for personal, non-commercial use only. Use of the RemoteCam service is subject to these Terms of Service (TOS), as modified and supplemented from time to time. The RemoteCam Site is a privately-owned service; it is not a public forum. Your use of and ability to continue to use the RemoteCam Site is therefore subject to our discretion. Your use of the RemoteCam Site and the RemoteCam (the Service) is subject to all applicable laws and regulations, and these TOS, which may be updated by us from time to time without notice to you. You can always view the most current version of the TOS by clicking on Legal Notices and Disclaimer and linking to Terms of Service. You are responsible for regularly reviewing this link. Continued use of the Service following any posted changes will constitute your acceptance of the then-current TOS. In addition, you are subject to the Code of Conduct and any other posted guidelines which are hereby incorporated by reference into the TOS. 2. Users (You) Skyzone’s registered users consist of people who use the RemoteCam service on mobile phones that have the RemoteCam software enabled and users who view these broadcasts (collectively users). Users can view access to password protected private broadcasts. 3. Services Unless explicitly stated otherwise, any future developments or new features shall be subject to these TOS. To use the service, you must provide all equipment, including a webcam, mobile phone, computer and modem or other access device necessary to establish a connection to the World Wide Web, and pay any service fees associated with such access. You understand that use of this service may be subject to monthly fees by your mobile phone carrier. The service is available only for use with certain webcams and certain mobile phone carriers. Please confirm that your setup is compatible before commencing use of the service. You understand and agree that the Service is provided on an AS-IS and AS AVAILABLE basis, and at your own risk. Skyzone assumes no responsibility for the timeliness, deletion, mis-delivery, failure to store or unauthorized access to any Content. 4. Sign Up, Registration and Subscriptions a. You must be over the age of 13 years old in order to use the service. b. When you first use the service, you will be asked to sign up by providing your User ID (Mobile Phone Number) and a unique password. c. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Your right to access the service is intended for personal use and is non-transferable. You agree to (i) immediately notify Skyzone of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Skyzone will not be liable for any loss or damage arising from your failure to comply with this provision. 5. Ability to Accept Terms We are concerned about the safety and privacy of all our Users, particularly children. Please take the time to read our Safety Tips. Users who are between the ages of 13-18 should check with their parents before signing up for the service. PARENTS: Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian of any user under the age of 18, it is your responsibility to determine whether the service and/or content is appropriate for your child. 6. Privacy Policy Please review our Privacy Policy with regards to users right to privacy. The information on that page (and as amended) is deemed to be incorporated into these TOS. Postings and other communications through the RemoteCam service or with Skyzone, even though password protected and designated as private, are not guaranteed private. Skyzone cannot guarantee that members of the public will not be able to access such content. In addition, such content may be published and edited at the discretion of Skyzone unless specifically instructed otherwise. 7. Your Content You understand that all information, data, text, audio, photographs, graphics, video, messages or other materials (Content), whether Public or Private, is the sole responsibility of the person from whom such Content originated. This means that you, and not Skyzone, are entirely responsible for all Content that you upload, post, stream or otherwise transmit via the Service. Skyzone does not control the Content posted or otherwise made available via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, lewd, indecent, excessively violent, harassing or objectionable. Under no circumstances will Skyzone be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content viewed, posted, streamed or otherwise transmitted via the Service. You acknowledge that Skyzone does not endorse the Content and does not assume responsibility for any threatening, libelous, obscene, harassing or offensive material, or any infringement of third party intellectual property rights, or any crime facilitated by such Content. We encourage you to support community policing efforts and to notify us at mailto:remotecam@skyzonemobile.com of any inappropriate, infringing or otherwise objectionable material. SkyZone will review alleged inappropriate content and determine if it should be removed within 1-3 business days. You acknowledge that Skyzone does not pre-screen Content, but that Skyzone and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Skyzone and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable in the sole discretion of Skyzone. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Skyzone or submitted to Skyzone. You acknowledge and agree that Skyzone may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS or any other posted guidelines; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Skyzone, its Users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further understand that Private Content, while password protected so that the general public cannot view it, can be accessed by Skyzone at all times and, further, that Logitech cannot and does not guarantee that members of the public will not be able to access such Content. For the purposes of this TOS, references to Content means both Public and Private Content, unless explicitly stated otherwise. 8. License Skyzone does not claim ownership of your Content. By placing Content on the RemoteCam service, you grant Skyzone a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, fully paid up license, with full rights to grant sub-licenses, to use, reproduce, modify, adapt, translate, create derivative works from, distribute, perform, display and publish the Content, in whole or in part, on the RemoteCam service and/or to incorporate it in other works in any form, media or technology now known or later developed. 9. Indemnity You agree to defend, indemnify and hold Skyzone, and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS or any other posted guidelines, or your violation of any right of another person, including any copyright, property or privacy right. This defense and indemnification obligation will survive these TOS and your use of the Service. 10. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior written consent. 11. Modifications to Service Skyzone reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Skyzone shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. Termination and Takedown We reserve the right to remove, without notice, any Content for any reason. However, we have no obligation to delete Content that you may find objectionable or offensive. Skyzone, in its sole discretion, may terminate your access to the RemoteCam service, your account or your password and/or remove any Content you have posted on or made available with the RemoteCam service, for any reason. Skyzone may also in its sole discretion and at any time discontinue the RemoteCam service, or any part thereof, with or without notice. Skyzone shall not be liable to you or any third-party for any termination of your access to the RemoteCam service. If you believe your Content has been unfairly removed or moved, you may send a written notice stating your reasons to mailto:remotecam@skyzonemobile.com. You acknowledge and agree that Skyzone has no obligation to allow or reinstate any Content that is available via the Service. 13. Fee Information Access to the RemoteCam Service feed on your Carrier device is purchased by blocks of minutes at rates as determined solely by Carrier. Your Carrier may change rates and the rate structure at any time with or without notice. Blocks of minutes are not subject to monthly expiration and last until all minutes are used. Taxes and fees are extra. No Data Package members will also accrue data transmission charges. The amount due will be added to the Carrier’s billing invoice and is in addition to the regular Carrier’s monthly plan charges. 14. Network information Real-time transmissions are subject to network and device conditions and display of the feed may have up to a minute lag. The service may not be available Thursdays, 3:00 PM ~ 5:00 PM (EST) due to routine weekly inspections as well as emergency system inspections. 15. Jurisdictional Issues Real-time transmissions are subject to network and device conditions and display of the feed may have up to a minute lag. The service may not be available Thursdays, 3:00 PM ~ 5:00 PM (EST) due to routine weekly inspections as well as emergency system inspections. 16. Skyzone `s Proprietary Rights You acknowledge and agree that the RemoteCam service (excluding your Content) is owned by Skyzone and may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Skyzone or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, including any software, in whole or in part. 17. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. SKYZONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. SKYZONE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKYZONE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 18. Limitation of Liability d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKYZONE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 19. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, these provisions may not apply to you. 20. Notice The Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 21. Copyrights and Copyright Agents Skyzone respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Skyzone`s Copyright Agent the following information: • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of the copyrighted work that you claim has been infringed; • your telephone number; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • a statement by you that the above information is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Skyzone`s Copyright Agent for Notice of claims of copyright infringement on the RemoteCam Site can be reached as follows: By mail: Copyright Agent Skyzone Entertainment, Inc. 8400 River Rd, 2FL North Bergen, NJ USA By email: supports@skyzonemobile.com 22. General Information The Terms, including any other posted guidelines and amended terms, constitute the entire agreement between you and Skyzone and govern your use of the Service, and supersedes any prior agreements between you and Skyzone. You also may be subject to additional terms and conditions from your mobile phone carrier and others that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Skyzone shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Skyzone agree to submit to the personal and exclusive jurisdiction of the courts located within the county of North Bergen, New Jersey. The failure of Skyzone to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. 23. Violations Please report any alleged violations of the Terms at mailto:remotecam@skyzonemobile.com 24. Data Charge Without a price plan that includes an unlimited data feature, you will incur either (depending on your plan) airtime charges at applicable overage rates if you exceed your minutes bundle or megabyte ('MB') charges of $1.99/MB or other prices for streaming Video. Some applications may result in additional charges for sending/receiving data during use. Last updated: March 7, 2011 |
