PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”). BY CLICKING TO INDICATE
THAT YOU AGREE TO THESE TERMS AND/OR DOWNLOADING OR USING THE APP, YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL OR
USE THE APP OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS
CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.PLEASE
REVIEW SECTION 16.
These Terms are a legal agreement between HEIKKI TECHNOLOGY CO.,LIMITED
(LiveHome,” “our” and “we”) and you (also referred to as “your”) that
governs the LiveHome App including all Updates (defined in Section 2 below),
related documentation, and information and content provided by LiveHome
through the application (collectively, the “App”). The App is a mobile
application designed to connect a mobile device to a LiveHome Camera
(“Camera”) in order to control the Camera and to remotely capture and access
both live and recorded videos (“Content”).
[Terms of Use]
1. Account Registration. In order to use the App you will need to log-in to
the App with a user account that you register for through the site or with
your user account credentials from another website that we designate, such
as Facebook (“Account”). You agree to provide current, complete, and
accurate Account information when you register for an Account. You agree to
keep your log-in information confidential and not authorize any third party
to use it or your Account. You agree that we may attribute all use of your
Account to you, and that you are responsible for all activities that occur
under your Account. Depending on your Account type or other criteria, your
Account may not have full access to all features or functionality available
through the App. You agree not to attempt to access any (if any) restricted
features or functionality.
2. Updates. If LiveHome provides updates, supplements, or add-on components
to the App after you download it (collectively, “Updates”), these Terms will
apply to the Updates unless LiveHome provides additional terms along with
the Update (“Additional Terms”), in which case those Additional Terms will
apply to the Update. You agree that LiveHome may automatically check your
version of the App and send Updates to the App and may release subsequent
versions of the App and require you to the use the most current version.
LiveHome reserves the right to discontinue your access to the App or to any
Content.
3. Third Party Websites; Additional Products and Services. Within the App
you may encounter links or references to third party web sites (“Linked
Sites”). LiveHome does not endorse or sponsor any Linked Sites or the
information, products, or services contained on any Linked Sites. Linked
Sites are governed by their own terms of use and privacy policies. You may
need to use or obtain additional products or services in order to use the
App, such as a Camera, a mobile device, internet access, and a data
connection. You must obtain or use these products or services separately and
pay all associated charges (including for internet access or other data
transmission).
4. License to Use of the App. Conditioned on your compliance with these
Terms, LiveHome grants you a limited, personal, non-exclusive and
nontransferable license to download, install, and use the App for your
personal, non-commercial use on a mobile device owned or otherwise
controlled by you solely in connection with your operation of Camera(s)
owned by you or by a third party that has authorized your access to the
Camera(s) through the owner’s use of the App.
5. License Restrictions. The license granted in Section 6 is conditioned on
your compliance with the following:
a. You must not attempt to work around, disable, bypass, modify, or defeat
any technical limitations in the App or to use the App in an attempt to, or
in conjunction with any device, program or service designed to circumvent
any security features or any technical measures employed to control access
to, or the rights in, a content, file or other work;
b. You must not reverse engineer, decompile, decipher, disassemble or
otherwise attempt to access source code of the App, except and only to the
extent that applicable law expressly permits, despite this limitation;
c. You must not download or copy the App, except as expressly permitted in
Section 4;
d. You must not rent, lease, lend, sell, sublicense, assign, distribute,
publish, perform, display, broadcast, transfer, exploit, or otherwise make
available the App or any features or functionality of the App to any third
party for any reason, including by making the App available on a network
where it is capable of being accessed by more than one device at any
time;
e. You must not modify or make any derivative works of the App, in whole or
in part;
f. You must not remove any proprietary notices or labels on the App or any
copy thereof;
g. You must not use the App in, or in association with, the operation of any
hazardous environments or systems, including any aircraft navigation or
communication systems, air traffic control systems or any other transport
management systems; safety-critical applications, including medical or
life-support systems, vehicle operation applications or any police, fire or
other safety response systems; and military or aerospace applications,
weapons systems or environments;
h. You must not to interfere, with the proper functioning of the App or use
it, as a platform for external applications; to develop applications,
services, websites; or any other functionalities that leverage the App or
any portion thereof;
i. You must not make any use of the App in any manner not permitted by these
Terms or the documentation; and
j. You must use the App in compliance with all applicable laws. ATTENTION:
IT IS ILLEGAL IN MANY JURISDICTIONS TO RECORD AN AUDIO CONVERSATION WITHOUT
THE CONSENT OF ALL INDIVIDUALS. YOU MUST COMPLY WITH ALL LAWS WHEN USING THE
APP.
6. Your Content. You are solely responsible for all Content that is
uploaded, posted, emailed, transmitted, shared, or otherwise disseminated
using, or in connection with, the App and your Account (“Your Content”).
LiveHome does not claim ownership of Your Content. You grant to LiveHome and
its affiliates and service providers a worldwide, royalty-free,
transferrable, sub-licensable, non-exclusive, perpetual, irrevocable license
under all of your intellectual property rights to make, use, copy, modify,
adapt, create derivative works of, publicly perform or display, import,
broadcast, transmit, distribute, license, publish, and translate Your
Content (and derivative works thereof) in connection with the operation of
the App. You represent and warrant that you have the rights necessary to
grant the rights in this Section and that Your Content does not infringe the
rights of LiveHome or any third party or violate any agreement with or
policy of LiveHome or any applicable law. If LiveHome suspects violations of
the foregoing, LiveHome may institute legal action and cooperate with law
enforcement authorities in bringing legal proceedings against violators.
7. Reservation of Rights. You acknowledge and agree that the App is provided
under license, and not sold, to you. You do not acquire any ownership
interest or other rights to the App other than the right to use the App in
accordance with the license in Section 4. LiveHome reserves and retains its
entire right, title and interest in and to the App, including all
copyrights, trademarks and other intellectual property and proprietary
rights therein or relating thereto.
8. App Availability and Support. LiveHome has no obligation to and may not
provide support in relation to the App or your Account. LiveHome does not
guarantee availability of the App or your Account and your access is
permitted only if and when they are available. Your use of the App and
access to your Account may occasionally be restricted for service, upgrades,
maintenance, or other reasons. To the maximum extent authorized under
applicable law, LiveHome reserves the right to suspend your Account, your
use of the App, and discontinue your access to Your Content provided or made
available to you through the App at any time without notice.
9. Termination. You may terminate your Account or your use of the App at any
time. LiveHome reserves the right to terminate your Account and these Terms
and to suspend or terminate the App or your access thereto at any time with
or without prior notice.
10. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY PROVIDED WITH
ANY CAMERA YOU MAY PURCHASE, LiveHome DOES NOT MAKE ANY OTHER AND DISCLAIMS
ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, INCLUDING ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR,
LiveHome HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY
WARRANTY OR CLAIM THAT THE APP WILL BE AVAILABLE OR PROVIDED ON AN
UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE,
RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR
FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; PROVIDE
SAFETY, PRIVACY, OR SECURITY; OR PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE,
OR INJURY.
11. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL LiveHome BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES,
INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS,
OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS,
PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING
TO THESE TERMS, YOUR ACCOUNT, OR THE APP.
12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR
DISCLAIMED UNDER SECTION 12, LiveHome’S MAXIMUM, AGGREGATE LIABILITY TO YOU,
AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES,
INJURIES, AND LOSSES ARISING FROM ANY ALL CLAIMS AND CAUSES OF ACTION
ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE
TERMS, YOUR ACCOUNT, OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE
FIRST CAMERA THAT YOU CONNECTED TO THE APP.
13. Independent Remedies.
The disclaimer and limitation of warranties and the exclusion of damages
under Sections 10 and 11 are independent of your exclusive remedies in these
Terms and the disclaimer and limitations of warranties and exclusion of
damages survive even if the exclusive remedies fails of their essential
purpose or otherwise are deemed unenforceable. Each of the limitations in
Sections 11 and 12 apply without regard to whether loss, liability, or
damage arise from (a) breach of contract, (b) breach of warranty, (c) fault
or tort, including negligence and misrepresentation, (d) strict liability,
or (e) any other cause of action, to the extent the exclusions and
limitations are not prohibited by applicable law.
14. Indemnity.
You agree to defend, indemnify, and hold LiveHome, its directors, officers,
employees, agents, partners, suppliers, and licensors harmless and will keep
them indemnified from any claim or demand, including reasonable attorneys’
fees, relating to, arising from, or allegedly arising from (a) Your Content,
your use of the App, and activities occurring under your Account; (b) any
violation of these Terms; or (c) your violation of any other party’s rights
or applicable law. LiveHome reserves the right to assume, at its sole
expense, the exclusive defense and control of any matter subject to
indemnification by you, in which event you will fully cooperate with
LiveHome in asserting any available defenses.
15. Governing Law. These Terms are governed by applicable laws, without
reference to its conflict of laws provisions. The United Nations Convention
on Contracts for the International Sale of Goods will not apply in any way
to these Terms or to the transactions contemplated by these Terms.
16. General. If any provision of these Terms is determined by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions of these Terms will remain in full force and effect.
You and LiveHome intend that the provisions of these Terms be enforced to
the fullest extent permitted by applicable law. Accordingly, you and
LiveHome agree that if any provision is deemed unenforceable, where
possible, it will be modified to the extent necessary to make it
enforceable, which may include its deletion. Section titles are only for
convenience and have no legal or contractual significance. Any list of
examples following "including" or "e.g.," is illustrative and not
exhaustive, unless qualified by terms like "only" or "solely. LiveHome may
assign these Terms, in whole or in part, at any time, with or without notice
to you. You may not assign, transfer, or sublicense your rights, if any, in
your Account, to the App, or under these Terms. If, at any time, LiveHome
fails to respond to a breach of these Terms by you or others, that failure
will not waive LiveHome’s right to act with respect to subsequent or similar
breaches. A waiver will only be binding on LiveHome if it is in writing and
signed by LiveHome. These Terms (including Additional Terms and any
incorporated terms or policies) constitute the entire agreement between you
and LiveHome with respect to your Account and the App. Both you and LiveHome
warrant to each other that, in entering these Terms, neither LiveHome nor
you have relied on or will have any right or remedy based upon any
statement, representation, warranty, or assurance other than those expressly
stated in these Terms. The preceding sentence will not limit or exclude any
liability that cannot be limited or excluded under applicable law. No one
other than you and LiveHome, or LiveHome’s successors and permitted assigns,
will have any right to enforce any of these Terms.
[Privacy Policy]
1. INFORMATION SHARING
1.1 Camera Sharing. Some of the Services permit you to share access to your
camera products with others. If you share access to your camera by
authorizing a third party on your Account, the third party will be permitted
to access that camera and to record videos from that camera until you logout
from your Account.
1.2 Social Sites. In addition to using Facebook/Wechat/YouTube credentials
to set up an Account, certain Services may permit you to choose to share
information and videos taken with our camera products with Social Sites.
When you choose to share with a Social Site, we may share that video or
information as well as additional personal information about you with the
Social Site. Information shared with a Social Site is subject to that Social
Site’s privacy policy and practices, you should familiarize yourself with
the Social Site’s privacy policy and practices before sharing. Facebook’s
Data Policy is located at www.facebook.com/about/privacy.
1.3 Disclaimer. We cannot ensure that all of your personal information will
never be disclosed in ways not otherwise described in this Policy.
2. LIVE STREAMING
2.1 Youtube Livestream. We use Youtube, a third-party live platform, to live
camera with others. It need google account information.
3. THIRD-PARTY PROVIDERS
3.1 Google Analytics. We use Google, a third-party analytics provider, to
collect information about Services usage and the users of the Services,
including demographic and interest-level information. Google uses cookies
and pixels in order to collect demographic and interest-level information
and usage information from users that visit the Services, including
information about the pages where users enter and exit the Services and the
pages users view on the Services, time spent, browser, operating system, and
IP address. Cookies and pixels allow Google to recognize a user when a user
visits the Services and when the user visits other websites. Google uses the
information it collects from the Services and other websites to share with
us and other website operator’s information about users including age range,
gender, geographic regions, general interests, and details about devices
used to visit websites and purchase items. We do not link information we
receive from Google with any of your personally identifiable information.
For more information regarding Google’s use of cookies, pixels, and
collection and use of information, see the Google Privacy Policy. If you
would like to opt out of Google Analytics tracking, please visit the
following link: Google Analytics Opt-out Browser Add-on.
3.2 Tencent Bugly Analytics. We use Bugly, a third-party crash analytics
provider, to collect information about crash and the users of the
Services.