Terms and Conditions

We encourage you to read the below Vacos Terms and Conditions (“Agreement) carefully before using the Services provided by Vacos (or “we”, “us”). The Services include, but not limited to: 1). Vacos products (including hardware and software); 2). Vacos websites (“Site”).

YOU REPRESENT AND GUARANTEE THAT YOU ARE AGE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICITION TO USE THE SERVICES HERE. AND BY USING THE SERVICES YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. IF YOU DO NOT AGREE TO BIND THE TERMS AND CONDITIONS HERE, PLEASE DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OUR SERVICES.

Access and Use the Services

All of the Products and Services (including but not limited to Vacos documents, logos, graphics, designs, videos, images, etc.) are owned by Vacos. Subject to the Agreement here, Vacos grants you a limited, non-transferable, non-exclusive rights to access and use the Services for the sole purpose of monitoring and controlling the Products on your property and solely for your personal, non-commercial use and not for the use or benefit of any third party.

Privacy and other applicable laws in your jurisdiction may impose certain responsibilities on you, and your use of Products and Services. You agree that it is your responsibility, and not the responsibility of Vacos, to ensure that you obey any applicable law when you use the Products and Services, including but not limited to:

1) all laws and regulations relating to the recording or sharing of video or audio content; 2) any law or regulation requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services. 3) you agree that installation of any Product which takes visual and/or audio recordings will be installed at such an angle that it does NOT take any recording beyond the boundary of your property (including public pavements or roads or driveways); 4) you agree to obviously display appropriate signage advising others that audio/visual recording is taking place; 5) if you use your own property as a working place, you need to comply with the laws and regulations governing the monitoring of employees.

If your use of the Products and Services is prohibited by any applicable law, you are NOT allowed to use the Services or Products, We, or Vacos, can’t and won’t be responsible for your use of the Services or Products that in a way that breaks the laws.

You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You represent, warrant, and agree that you will not capture or contribute any content or otherwise use the Services or Products or interact with the Services or Products in a manner that:

a)Infringes or violates the intellectual property rights or any other rights of anyone else (including us);

b)Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;

c)Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

d)Jeopardizes the security of your Vacos account or anyone else’s (such as allowing someone else to log in to the Services as you);

e)Attempts, in any manner, to obtain the password, account, or other security information from any other user;

f)Violates the security of any computer network, or cracks any passwords or security encryption codes;

g)Any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

h)“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

i)Copies or stores any significant portion of the Content;

A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.

Vacos reserves the rights, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Vacos will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

The Services are available to persons aged 18 years or older. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Vacos or on the Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Website and Service Content

Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). Your submitted content which includes any audio or video content, pictures or data captured from the Products as well as any information that you and other users provide us in the course of using the Services, which we may use to provide, maintain and improve the Services (“User Submissions”). When using the Services, some User Submissions may be visible to others (for example, the Services allows you to upload, post, or otherwise share video content). You hereby agree and grant Vacos a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable right to use, view, copy, adapt, modify, distribute, transfer, display, prepare derivative works of, transmit and exploit such User Submissions, including all associated intellectual property rights, solely in connection with providing you the Services and as directed by you.

You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. Vacos will only share your personally identifiable information in accordance with the Vacos Privacy Policy. For clarity, the foregoing license grant to Vacos does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

You may choose to, or Vacos may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Idea, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Vacos under any fiduciary or other obligation. Vacos may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Vacos does not waive any rights to use similar or related ideas previously known to Vacos, developed by its employees, or obtained from other sources.

You acknowledge and agree that you are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Vacos all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Vacos reserves the right to remove any User Submissions from the Services at any time, for any reason or for no reason at all.

Under no circumstances will Vacos be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Restrictions

You warrant, represent and agree that you will not contribute any Content or User Submissions or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Vacos; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Vacos account or anyone else’s (such as allowing someone else to log in to the Services as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Vacos reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Vacos, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Warranty and Disclaimer

Except as expressly provided otherwise in a written agreement between you and Vacos, the services provided and software and products contained in or purchased through this site are provided as is and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Vacos disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Vacos does not warrant that the functions contained in the site or services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. Vacos does not warrant or make any representations regarding the use or the results of the use of the materials in the services in terms of their correctness, accuracy, reliability, or otherwise. You (and not Vacos) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Vacos Services, we include links to other web sites on the world wide web portion of the Internet and that Vacos has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Vacos be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, the software or services or any other web site, even if Vacos or a Vacos authorized representative has been advised of the possibility of such damages. Applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Vacos or from or through the site shall create any warranty. In no event shall Vacos’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any products, software or services.

Privacy

Despite any representations concerning privacy, Vacos reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

Vacos is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Cancellation Policy

You have the right to cancel Vacos Services. Minimum 24-hour notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. You, not Vacos, are responsible for any fee that may occur when you cancel the Services or Products.

Termination of Services

We may suspend or terminate your Vacos Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to us for Vacos Services. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

Trademarks, Copyright and Intellectual Property

Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Vacos or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Vacos is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not, including, without limitation, Vacos, Vacos Cam. Vacos expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered based on applicable laws and regulations.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to This Website

We welcome links to this website. You can link your site to ours using our suggested link copy, or create your own. However, we do not wish to be linked to or from any third-party web site or link which contains:

a.any information that misrepresents the nature of your relationship with our organization, or incorrect facts or data about our organization; or any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Vacos;

b.any material or information of any kind, which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons

c.any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Rights to Change Terms and Conditions

Vacos may, at any time and from time to time, change these terms and conditions without notifying you. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these terms and conditions periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

Advertising and Sponsorships

We don’t accept paid advertisements or sponsorships on this Site. We will assess the adverting or sponsorship carefully to ensure it will not do harm to our customers.

Fees and Payments

Certain aspects of the Services may be provided for a fee. You shall pay all applicable fees, as described on the Site in connection with such services selected by you. Vacos reserves the rights to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid for services are non-refundable.