TRENDnet, Inc. (alternatively referred to herein as "TRENDnet", "we", or "us") provides access to the TRENDnet Mira family of IP Camera products through the TRENDnet Mira service and defines end user terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. The terms of this agreement provide the conditions upon which TRENDnet agrees to provide you access to the TRENDnet Mira service and the TRENDnet Mira family of IP camera products. If you disagree with any provision contained herein, and/or do not wish to accept these conditions, do not use or operate the TRENDnet Mira family of IP cameras and do not access the TRENDnet Mira service.
1. Our Rights to Make Changes.
The TRENDnet Mira service is currently provided to you free of charge; however, TRENDnet specifically reserves the right to institute a fee for this service at a later date. Your service is subject to our business policies, practices and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO INSTITUTE FEES FOR THIS SERVICE AND CHANGE ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME WITHOUT NOTICE, IN WHICH THE CHANGES WOULD GO INTO EFFECT IMMEDIATELY. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THE IMPLEMENTATION OF CHANGES, YOU ARE ACCEPTING THE CHANGES. IF THE CHANGES ARE OBJECTIONABLE TO YOU AND THEY HAVE A MATERIAL ADVERSE EFFECT ON YOU, YOU CAN TERMINATE THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY MAIL (20675 Manhattan Place, Torrance, CA, 90501), E-MAIL (email@example.com), or CALLING US (310-961-5500) WITHIN 30 DAYS AFTER THE CHANGE.
2. Username, Password, and Security.
If you use any part of the TRENDnet Mira online services that requires a login user name and password, then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree that you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your user name or password. You agree to immediately notify TRENDnet of any unauthorized use of your account or any other breach of security. TRENDnet reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your user name account and your online services. TRENDnet will not be liable for any loss or damage arising from your failure to comply with this section.
3. Products and Services.
We are devoted to providing the best products and services for our customers. TRENDnet will not be liable for loss or damage caused by the following circumstances:
i) A user's intentional manufacture and distribution of intercepted recorded images or video and publication of them in any print or electronic format or source.
(ii) Any derivational issues or unlawful actions arising from a user's dissemination of recorded images from the camera without the other party's consent.
4. Prohibited Uses.
(i) Lawful purposes only.
You may use our service and your device only for lawful, proper, and appropriate purposes. You may not use our service or your device in any way that is illegal, improper, or inappropriate.
(ii) Provide information to authorities.
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your account and other information, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities.
The information on the TRENDnet company website, as well as the TRENDnet Mira services and products, are provided "as is". We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the service or product for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the TRENDnet company web site, TRENDnet Mira services or products will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information.
You hereby acknowledge some TRENDnet product(s) and TRENDnet Mira service(s) are not encrypted and that information may be intercepted during transmission to or from TRENDnet company web site, the TRENDnet Mira service(s) or the product(s) and that TRENDnet cannot and does not guarantee that the use of the Software, TRENDnet company website, service(s) or product(s) is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information. The risks include, but are not limited to, the viewing and/or recording of your TRENDnet Mira family IP camera videos by unauthorized individuals.
6. Limitation of Liability.
TRENDnet’S MAXIMUM LIABILITY TO YOU AND OTHER PARTIES FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE LOWER OF TRENDnet’S LIST PRICE OR THE AMOUNT(S) PAID BY YOU, FOR THE PARTICULAR TRENDnet Mira SERVICE(S) OR THE PARTICULAR CLOUD SERVICE(S) ENABLED IP CAMERA FROM TRENDnet.
IN NO EVENT SHALL TRENDnet, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, LICENSORS OR NETWORK SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, OR EXEMPLARY DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF GOODWILL, PROFIT OR DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, INCLUDING THE USE OF OR INABILITY TO USE THE TRENDnet Mira SERVICE AND TRENDnet COMPANY WEB SITE, SERVICES AND/OR PRODUCTS AND UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF TRENDnet HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
7. Your Representations and Warranties.
You represent and warrant that you possess the legal rights and ability to enter into this agreement and to comply with its terms. You will use the TRENDnet company web site, services, and products for lawful purposes only in accordance with this agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the TRENDnet company web site, services, and products. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts when unlawful use is observed by TRENDnet. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
8. Collection and Use of Personal Information.
By using the TRENDnet Mira service, you agree to allow TRENDnet to collect and keep records of your phone number or email address, IP camera's MAC address, the URL for the cloud service, your login and logout times, and your IP address. TRENDnet does not monitor, collect or record your TRENDnet Mira family IP camera's video feed. The collected information will be utilized by TRENDnet to provide technical support and trouble-shooting assistance to Cloud service users and to provide continued improvements to the Cloud service.
You hereby agree to indemnify and hold harmless TRENDnet and its officers, directors, affiliates, employees, and licensors, and any other service provider who furnishes services to you for our service, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) associated with your use of the TRENDnet Mira service.
10. Liability for Content.
You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the TRENDnet company web site, services, and products.
11. Force Majeure.
TRENDnet shall not be liable for any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism, cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond its reasonable control.
12. Governing Law and Jurisdiction.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall so survive.
14. Termination of Service.
We have the right to suspend or discontinue your service at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice on the following terms: (i) Unlawful or inappropriate use; (ii) Violation of laws of jurisdiction.
15. Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and condition.
16. Internet service and mobile phone charges.
Mira services require internet connection. You are responsible for any service charges from your internet and your mobile service providers while using the Mira services. You acknowledge and agree that you will be solely responsible for any disputes between your internet and mobile service providers. TRENDnet is not responsible for the availability, quality, or cost of any internet, mobile and other data services.