Copyright © 2018 D-Link Systems, Inc.
1. Registration Obligations.
You may be assigned a D-Link account when you are registering to use the Services. You shall promptly activate your D-Link account from the date it is assigned or created, or D-Link may remove or disallow the account. Your D-Link account may be consolidated in the event you are using multiple D-Link apps or services, and we may migrate your information to the consolidated account. You may need to provide certain required personal information and proceed with related verifications, as may be required by the communication regulations and statutes of different countries. You agree that you are at least 18 years old and/or you are of legal age to enter a contract in your country. You agree to (i) provide true, accurate, up to date and complete information about yourself, (ii) complete additional verification of your personal information as may be required and, (iii) maintain and promptly update your registration data to keep it true, accurate, up to date and complete. D-Link has the right to contact you directly to provide assistance should you encounter problems using our products or Services. You acknowledge that accurate information is very important for us to resolve your problems and improve our Services. You shall bear all responsibility and liability that may arise from your failure to provide true, accurate, up to date and complete information, and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to believe is, untrue, inaccurate, misleading, outdated or incomplete, we may suspend or terminate your account or Services to you, or any portion thereof.
2. Account, Password and Security.
If you use any part of the Services that requires a login email or password, you shall be responsible for maintaining the confidentiality of such email 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 account or password. You agree to (i) immediately notify D-Link of any unauthorized use of your account or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session of Services. D-Link reserves the right to take any action, as deemed necessary or reasonable, to ensure the security of your account and the Services, including, without limitation, suspending or terminating your account, changing your password, or requesting additional information to authorize transactions on your account. D-Link 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 customers. To allow us to provide them with high quality and dependability, the firmware of your devices may be upgraded automatically through the Internet without any advance notification. As part of this process, we will use all reasonable efforts to minimize disruptions to your use of and access to our Services to the greatest extent possible. YOU HEREBY CONSENT TO AUTOMATIC SOFTWARE UPDATES OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT IF YOU DISABLE THE AUTOMATIC SOFTWARE UPGRADE FUNCTION, THE PERFORMANCE, SECURITY AND AVAILABILITY OF CERTAIN FEATURES OF PRODUCTS AND SERVICES MAY BE IMPACTED. To the greatest extent permitted by governing law, D-Link may, solely at its discretion and without notice, modify, add, or remove features, services and functionality of the products or Services. D-Link is under no obligation to provide any or all features, services and functionality for the products or Services and may, at its sole discretion, discontinue the provision of software updates to certain products or Services.
4. Usage and Limitations.
(i) Lawful purposes only. You may use our Services and your device only for purposes and in ways that are lawful, proper and appropriate.
(iii) Providing information to the authorities and third parties. If we believe that you have used our services or your device for an unlawful purpose, we may forward the relevant communications and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, the type of service, length of service, MAC address, IP address, email address, and all other account information, as follows:
- in response to law enforcement or other governmental agency requests;
- as required by law, regulation, rule, subpoena, search warrant, or court order;
- as necessary to identify, contact, or bring legal action against someone who may be misusing the Services, the device, or both;
- to protect D-Link’s rights and property; or
- in emergency situations where disclosure of such information is necessary to protect D-Link customers or third parties from imminent harm.
(iv) Notifications. Notifications and alerts from the Services, and your D-Link products are for informational purposes only and you agree that you will not rely on the Services for critical or life safety matters. Remote access and notifications are not 100% available or reliable. D-Link does not guarantee your receipt of notifications in any given time frame or at all.
(v) Accessibility. D-Link strives for the Services and other supporting applications to be reliable, accessible and available, however they are not intended to be reliable or available 100% of the time. The Services and supporting applications are subject to failures, interruptions and outages beyond D-Link’s control. These may include, but are not limited to electrical outages, Wi-Fi intermittency, and service provider and mobile carrier interruptions. You acknowledge these limitations and agree that D-Link is not responsible for any damages allegedly caused by the failure or delay of the Services and other supporting applications.
5. Plug-in and Cookie.
Certain plug-in may be required for you to experience live video from your cameras using the Services. The software supports Internet Explorer, Firefox, Chrome and Safari on OS X.
Cookies and other browser storage may remain on user’s computer after the plug-in is uninstalled which can be removed using normal browser processes.
MSI – The application can be removed via “Add/Remove Programs” / “Programs and Features”.
CRX – The application can be removed via the Chrome Extensions page.
DMG – Open another Finder, go to your Hard Disk, Library, Internet Plug-ins. Remove npUplayer.x.plugin, where x is the plugin version.
7. Copyright Notice and Intellectual Property Rights.
D-Link authorizes you to copy materials published by D-Link from the Services solely for non-commercial use in support of D-Link products and the Services. Should you make any copies of these materials, you shall retain all copyright and other proprietary notices in the same form and manner as on the original. Any software that you download is governed by the license terms accompanying the software or as otherwise specified.
Content, materials, logos, service marks and trademarks from the Services are the intellectual property of D-Link and are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Except as otherwise expressly provided herein, D-Link grants no express or implied right under any patents, copyrights, trademarks, or other intellectual property rights in the Services or D-Link products. Infringement by you may result in civil or criminal prosecution.
THE INFORMATION FROM THE SERVICES AND THE SERVICES ITSELF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICES OR PRODUCTS 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 SERVICES OR PRODUCTS WILL (I) BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE OR IMAGE QUALITY, OR PARTIAL OR COMPLETE LOSS OF CONTENT, DATA, STORED VIDEO, IMAGES OR CLIPS, OR INFORMATION; (II) MEET YOUR REQUIREMENTS; OR (III) WORK WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE;
D-LINK WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY (I) DISTRIBUTION OF INTERCEPTED RECORDED IMAGES OR VIDEO AND PLACEMENT OF THEM IN ANY NEWSPAPER, MAGAZINE, HANDBILL OR OTHER PUBLICATION OR DISSEMINATION BY ELECTRONIC MEANS; OR, (II) ANY DERIVATIONAL ISSUES OR ACTIONS ARISING FROM DISSEMINATION OF RECORDED IMAGES FROM A PRODUCT;
YOU HEREBY ACKNOWLEDGE SOME OF D-LINK PRODUCTS AND THE SERVICES MAY NOT BE ENCRYPTED AND THAT INFORMATION MAY BE INTERCEPTED DURING TRANSMISSION AND THAT D-LINK CANNOT AND DOES NOT GUARANTEE THAT THE USE OF THE SERVICES OR PRODUCTS 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.
NEITHER D-LINK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES THE SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR US WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF D-LINK’S OR ITS SERVICE PROVIDERS’ OR VENDORS’ NEGLIGENCE.
STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICES OR DEVICE, IF ANY, BY D-LINK OR D-LINK’S AGENTS OR SUPPLIERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. NOT ALL PRODUCTS, RATES OR PROGRAMS MENTIONED WILL BE AVAILABLE IN YOUR COUNTRY. PLEASE CONTACT YOUR LOCAL SALES REPRESENTATIVE FOR INFORMATION AS TO PRODUCTS AND SERVICES AVAILABLE IN YOUR COUNTRY.
ALTHOUGH D-LINK ATTEMPTS TO PROVIDE ACCURATE INFORMATION REGARDING THE SERVICES, D-LINK ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. D-LINK MAY CHANGE THE PROGRAMS OR PRODUCTS MENTIONED AT ANY TIME WITHOUT NOTICE. MENTION OF NON-D-LINK PRODUCTS OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
OUR SERVICES AND D-LINK PRODUCTS ARE NOT DESIGNED, INTENDED OR AUTHORIZED (1) FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR; OR (2) FOR PROTECTION OF PERSONAL PROPERTY. YOUR USING D-LINK PRODUCTS IN SUCH ENVIRONMENTS DOES SO AT YOUR OWN RISK. YOU SHALL INDEMNIFY AND HOLD D-LINK AND ITS OFFICERS, SUBSIDIARIES AND AFFILIATES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND EXPENSES, AND ATTORNEY FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF PROPERTY DAMAGE, PRODUCT LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH SUCH UNINTENDED OR UNAUTHORIZED USE, EVEN IF SUCH CLAIM ALLEGES THAT D-LINK WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE PRODUCT OR PART THEREOF.
9. Limitation of Liability.
SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
D-Link welcomes your comments and feedback regarding our products and Services. With respect to all information and materials communicated by you regarding the Services, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, graphics, text, software, or other information or materials (“Contributions”). For avoidance of doubt, Contributions herein shall not be confused with content as stated in section 18. You acknowledge and agree that: (i) you are responsible for all your Contributions, in any manner, to our Services, and that you have all rights necessary to do so; (ii) your Contributions do not contain confidential or proprietary information; (iii) D-Link is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iv) D-Link shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (v) D-Link may have something similar to the Contributions already under consideration or in development; (vi) your Contributions automatically become the property of D-Link without any obligation of D-Link to you; and (vii) you are not entitled to any compensation or reimbursement of any kind from D-Link under any circumstances.
11. Your Representations and Warranties.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT D-LINK’S SERVICES AND PRODUCTS DO NOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, CRIMES AND MEDICAL EMERGENCIES. D-LINK MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT D-LINK PRODUCTS AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. D-LINK DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU.
12. Collection and Use of Personal Information.
13. Third Parties.
D-Link may provide links to other sites that we think may be relevant and interesting to users (“Third Party Links”). D-Link is not responsible for the content from Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.
14. Open Source.
15. International Use.
You agree that functions of Services may not work if our products are carried outside the regions where the products are targeted at, or you intend to access Services outside the regions where our products are targeted at. The same applies to the performance and quality of the Services. D-Link is not liable to any damage or loss caused by you accessing Services or using products outside the regions where the products are targeted at.
Notwithstanding the foregoing, D-Link shall not be responsible for any infringement related to or resulting from, either direct or indirect, use of the Services, the products, or otherwise.
You waive all claims or causes of action arising from or relating to our emergency dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
18. 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 the Services or products. You promise that you and anyone who uses the Services 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 Services and products. In addition, 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. You are responsible for all your activities in connection with the Services. We have the right to remove any content at any time that we believe is illegal, inappropriate, in violation of the terms in this section.
19. Service Subscription Fees.
Certain Services provided by D-Link may require a continuing subscription. By using the Services, you agree to pay your subscription fee in advance. Your subscription fee will cover the Services and period covered in your subscription plan and does not include any services, features or functionality other than the D-Link Services as defined in your plan. If you register for the D-Link Services under a trial or promotional subscription fee or period, some additional restrictions may apply. D-Link reserves the right to offer different levels and services and further reserves the right to modify, change or cancel the subscription plans at any time.
20. Authorization for Payment.
D-Link uses third-party payment providers. All subscriptions are handled through apps. It is your responsibility to read, understand and agree to the payment provider’s terms of service. If your subscription plan requires recurring payments, you agree that payment providers may automatically charge the subscription fee to the payment method provided and associated with your account. You must cancel the subscription prior to the subscription fee being charged. If you are on a trial or promotional rate, any renewals will be charged at the then effective subscription fee. You will be able to use your Services on the condition that your payment method has been processed and your account remains in good standing.
To the extent permitted by governing law, D-Link may change the Services fees or charge additional fees for features and functionalities that are not a part of the Services. Such changes and charges will generally not take place until the renewal date for your subscription. If you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Services.
D-Link may suspend or terminate your Services without notice upon rejection of any payment method or if your payment provider seeks the return of payments previously made to D-Link for D-Link Services.
21. Force Majeure.
D-Link shall not be liable for any failure or delay in the performance of obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond our reasonable control.
Furthermore, D-Link shall not be liable for the following service outages should they, or any of them, cause the loss of Services: (i) Power failure or disruption. If there is an interruption in the power supply, Services will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your device prior to utilizing the Services. (ii) Internet outage or suspension or termination of your broadband service or ISP service. (iii) Your ISP or broadband provider’s blocking of ports or other acts. (iv) Maintenance by your ISP, broadband provider or D-Link.
22. Governing Law and Jurisdiction.
24. Entire Agreement.
25. Changes to Agreement.
27. Termination of Services.
28. Assignment and Third Party Beneficiaries.