User Agreement
User Agreement
You control who sees your cameras and content.
Vakiav is designed to provide a way for you to view the content captured with your Vakiav cameras, including your videos and photos taken with your Vakiav cameras. You control access to your cameras and stored content. The Vakiav video monitoring systems come with various services plans, which may offer: remote viewing of your Vakiav cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Vakiav account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Vakiav system.
1. Age
You must be at least 18 years of age to sign up for Vakiav, and by signing up for Vakiav you confirm that you are at least 18 years old. The Vakiav System does not knowingly collect or solicit personal information from anyone under the age of 18, and Vakiav does not knowingly allow such persons to register for Vakiav. If you are under 18, do not attempt to register for the Vakiav or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Vakiav without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at Service@Vakiav.com
To read the complete Vakiav Terms of Service please see below.
2. Introduction
Welcome to Vakiav. Vakiav is operated by VANIMAGE. CO., LTD. By using:
2.1 the Vakiav cameras and the personal video network (referred to herein as the “Vakiav System"); and
2.2 the Vakiav websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the Vakiav product.
(2.1 and 2.2 above being collectively referred to herein as the "Vakiav Services")
3. Terms of Service
Your registration of the Vakiav System through the Vakiav Websites, as well as use of the Vakiav Services, is subject to the provisions of these Terms. Any software component embodied in the Vakiav System is licensed to you, and not sold.
Vakiav MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE Vakiav WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE Vakiav WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE Vakiav SERVICES IN ACCORDANCE WITH SECTION 12 OF THESE TERMS. YOUR USE OF THE Vakiav SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.
4. Registration Information
Registration of your Vakiav System is required. To register, you must provide the following "User Information":
An e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Vakiav may terminate your account if you provide Vakiav with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Vakiav Services. These Terms are void where prohibited by law, and the right to access the Vakiav Services is revoked in such jurisdictions.
Vakiav respects the privacy of your User Information and will safeguard the User Information in accordance with the Vakiav Privacy Policy. We encourage you to review the Privacy Policy frequently. Vakiav will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user.
By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Vakiav's collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Vakiav account. Certain features of the Vakiav Services may not be available if you restrict the collection, storage, or use of your User information.
5. Member account, password and security
You will create a password and account designation during the Vakiav Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
5.1 immediately notify Vakiav of any unauthorized use of your password or account or any other breach of security and
5.2 ensure that you exit from your account at the end of each session.
Vakiav will not be liable for any loss or damage arising from your failure to comply with this Section 3. Vakiav may refuse registration of or cancel Vakiav account designation in its discretion.
6. Third-Party content
Vakiav takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.
We provide third-party content as a service, but Vakiav does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.
You agree that Vakiav will have no liability to you or anyone else who uses your Vakiav System with regard to any Third Party Content. You also agree and declare that the Vakiav Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.
Vakiav may terminate the accounts of users of any Vakiav service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. Vakiav may terminate the Vakiav accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
7. Changes to your Vakiav Service
To the extent possible under the governing law, Vakiav may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Vakiav Services. If you are dissatisfied with any material changes to the Vakiav Services during a subscription, you may immediately terminate your use of the Vakiav Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Vakiav is under no obligation to provide any or all features and functionality to your Vakiav System and may, at its discretion, discontinue the provision of software updates to certain Vakiav Systems. Because different Vakiav Systems may support different features and functionality the level of service Vakiav provides may not be the same for each Vakiav System.
8. Service Eligibility/Parental Advisory
Use of the Vakiav Services requires that your Vakiav System has access to an always-on, broadband internet connection. To enable the Vakiav Services all Vakiav Systems must be registered at Vakiav apps, such as the official Vakiav iOS and Android apps. THE Vakiav SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE Vakiav SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.
9. Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vakiav, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Vakiav Services.
9.1 Vakiav does not control the Content posted via the Vakiav Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vakiav be liable for any Content, including but not limited to,
9.1.1 any errors or omissions in any Content
9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Vakiav Services including viewing, copying or redistribution of the Content;
9.1.3 loss or destruction of Content; or
9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the Vakiav Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Vakiav does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Vakiav Services.
You agree not to use the Vakiav Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Vakiav Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Vakiav Services or servers or networks connected to the Vakiav Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Vakiav Services; intentionally or unintentionally violate any applicable local, state, national or international law.
Vakiav does not view your private photographs or videos without your permission, but you agree that Vakiav and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Vakiav Services. Vakiav may also refuse or remove Content from the Vakiav Services that may violate the Terms, such as those prohibitions listed in Section 7.
Without limiting the foregoing, Vakiav will have the right at any time to remove any Content that violates these Terms, is illegal, or Vakiav believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
9.2 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. You acknowledge, consent and agree that Vakiav may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
9.2.1 comply with legal process, including without limitation subpoenas and search warrants
9.2.2 enforce these Terms
9.2.3 respond to claims that any Content violates the rights of third parties
9.2.4 respond to your requests for customer service or
9.2.5 protect the rights, property or personal safety of Vakiav, its users and the public.
9.3 You understand that the technical processing and transmission of the Vakiav Services, including your Content, may involve
9.3.1 transmissions over various networks and
9.3.2 changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Vakiav Services and software embodied within the Vakiav Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Vakiav and/or content providers who provide content to the Vakiav Services.
You may not attempt to override or circumvent any of the usage rules embedded into the Vakiav Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Vakiav Services, in whole or in part, is prohibited.
10. Content submitted or made available for inclusion on the Vakiav Services
Vakiav does not claim ownership of Content you submit or make available for inclusion on the Vakiav Services. Nevertheless, as permitted through the functionality of the Vakiav Services and under these Terms, you grant Vakiav the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Vakiav Services, or for archival and legal purposes.
When you use a third-party application, the application may ask for your permission to access your Vakiav content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to Vakiav do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
11. Internet service provider and cell phone charges
The Vakiav Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Vakiav Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Vakiav is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
12. Using the Vakiav Services
You may access and use the Vakiav Services only with a Vakiav System that is authorized to communicate with the Vakiav Websites. You agree not to tamper with or otherwise modify your Vakiav System. Except as expressly provided in these Terms, you may not transfer the Vakiav Services or the right to receive them. By using the Vakiav Services you agree to receive all software updates and upgrades that Vakiav sends to your Vakiav System. If you disable the automatic upgrade feature of the Vakiav System then certain functionality of the Vakiav System may be adversely impacted. Even if you disable the automatic upgrade feature of your Vakiav System, Vakiav may still implement critical Vakiav System updates; updates for Vakiav applications running on your iPhone or Android phone; and Vakiav back end service updates. If your Vakiav System accesses the Vakiav Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Vakiav Services and are bound by the provisions of these Terms.
13. Termination of service
You may request termination of your account and your right to use the Vakiav Services at any time without limitation. The Vakiav Services will be terminated within approximately 5 business days after your request. Any unused Vakiav Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Vakiav's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.
Notwithstanding anything to the contrary in these Terms, Vakiav retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the Vakiav Services, and/or if you alter your Vakiav System or use the Vakiav Services or software in such a manner as to infringe upon the intellectual property rights of Vakiav and/or its subsidiaries and affiliates or any third party.
In addition, Vakiav may terminate your account and these Terms for any other reason if Vakiav gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the Vakiav Services before termination, and Vakiav will give you a pro-rated refund of any of your paid for, but unused, Vakiav Services fees that will remain unused because of Vakiav's termination under this method of termination. Termination of the Vakiav Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. Notice
Vakiav may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Vakiav Websites or other reasonable means now known or hereinafter developed.
15. Title to software and intellectual property
You may need to use certain software programs in your Vakiav System to use or have full access to certain features of the Vakiav Services. You are required to accept and use the software included in your Vakiav System at the time of purchase and other software programs that may be delivered to your Vakiav System by Vakiav from time to time. Vakiav and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Vakiav System and certain intellectual property rights in the Vakiav System. Vakiav and/or its affiliates also retain ownership of all Vakiav copyrights, trademarks and other intellectual property. In the case of third party software delivered by Vakiav and/or its subsidiaries and affiliates to the Vakiav System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Vakiav System or the software of the Vakiav System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Vakiav software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
16. Notice and procedure for making claims of copyright or intellectual property Infringement
Vakiav respects the intellectual property of others and we require our users to do the same. Vakiav may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Vakiav with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to:
VANIMAGE CO., LTD.
92 CORPORATE PARK STE C 204 IRVINE, CA 92606
17. Links
You may provide a link to your personal Vakiav site. Any link to any Vakiav Service must be to its home or top-level page.
The Vakiav Services may provide, or third parties may provide, links to other worldwide websites or resources. Because Vakiav has no control over such sites and resources you agree that Vakiav is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Vakiav will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
19. No resale of Vakiav Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Vakiav Services (including your Vakiav ID), use of the Vakiav Services or access to the Vakiav Services.
You control who sees your cameras and content.
Vakiav is designed to provide a way for you to view the content captured with your Vakiav cameras, including your videos and photos taken with your Vakiav cameras. You control access to your cameras and stored content. The Vakiav video monitoring systems come with various services plans, which may offer: remote viewing of your Vakiav cameras’ content; automatic recording when motion is detected; motion alerts (with links to the associated videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video storage; and the ability to support multiple cameras. Through settings in your Vakiav account you can choose to keep your cameras, photos and videos private or allow broader access to them. Premium service plans may be offered that upgrade the aforementioned features or add additional features to your Vakiav system.
1. Age
You must be at least 18 years of age to sign up for Vakiav, and by signing up for Vakiav you confirm that you are at least 18 years old. The Vakiav System does not knowingly collect or solicit personal information from anyone under the age of 18, and Vakiav does not knowingly allow such persons to register for Vakiav. If you are under 18, do not attempt to register for the Vakiav or send any information about yourself to us without parental consent. No one under age 18 may provide any personal information to Vakiav without parental consent. If we learn that we have collected personal information from somebody under age 18 without verification of parental consent, we will delete such information. If you believe that we have any information from or about a child under 18, please contact us at Service@Vakiav.com
To read the complete Vakiav Terms of Service please see below.
2. Introduction
Welcome to Vakiav. Vakiav is operated by VANIMAGE. CO., LTD. By using:
2.1 the Vakiav cameras and the personal video network (referred to herein as the “Vakiav System"); and
2.2 the Vakiav websites and any associated subscriptions, content services, accounts, streaming video sites, and all other web services associated with the Vakiav product.
(2.1 and 2.2 above being collectively referred to herein as the "Vakiav Services")
3. Terms of Service
Your registration of the Vakiav System through the Vakiav Websites, as well as use of the Vakiav Services, is subject to the provisions of these Terms. Any software component embodied in the Vakiav System is licensed to you, and not sold.
Vakiav MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE Vakiav WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY CHECK THE Vakiav WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE Vakiav SERVICES IN ACCORDANCE WITH SECTION 12 OF THESE TERMS. YOUR USE OF THE Vakiav SERVICES FOLLOWING NOTIFICATION OF THE CHANGE TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.
4. Registration Information
Registration of your Vakiav System is required. To register, you must provide the following "User Information":
An e-mail address. You agree that you are 18 years old or older and agree to provide and maintain accurate and complete User Information. Vakiav may terminate your account if you provide Vakiav with inaccurate or incomplete information. You also certify that you are legally permitted to use and access the Vakiav Services. These Terms are void where prohibited by law, and the right to access the Vakiav Services is revoked in such jurisdictions.
Vakiav respects the privacy of your User Information and will safeguard the User Information in accordance with the Vakiav Privacy Policy. We encourage you to review the Privacy Policy frequently. Vakiav will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various other analytics coming from devices tied to the user.
By completing the registration process, you agree to the Privacy Policy and affirm that you understand and consent to Vakiav's collection, storage and use of your User Information. You have the right to update your User Information or change your consent to the collection, storage and use of your User Information at any time. Such changes can be made by logging into your Vakiav account. Certain features of the Vakiav Services may not be available if you restrict the collection, storage, or use of your User information.
5. Member account, password and security
You will create a password and account designation during the Vakiav Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
5.1 immediately notify Vakiav of any unauthorized use of your password or account or any other breach of security and
5.2 ensure that you exit from your account at the end of each session.
Vakiav will not be liable for any loss or damage arising from your failure to comply with this Section 3. Vakiav may refuse registration of or cancel Vakiav account designation in its discretion.
6. Third-Party content
Vakiav takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.
We provide third-party content as a service, but Vakiav does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.
You agree that Vakiav will have no liability to you or anyone else who uses your Vakiav System with regard to any Third Party Content. You also agree and declare that the Vakiav Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights.
Vakiav may terminate the accounts of users of any Vakiav service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under comparable foreign laws. Vakiav may terminate the Vakiav accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
7. Changes to your Vakiav Service
To the extent possible under the governing law, Vakiav may, at its discretion and without notice or user permission, change, add, or remove features and functionality of the Vakiav Services. If you are dissatisfied with any material changes to the Vakiav Services during a subscription, you may immediately terminate your use of the Vakiav Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. Vakiav is under no obligation to provide any or all features and functionality to your Vakiav System and may, at its discretion, discontinue the provision of software updates to certain Vakiav Systems. Because different Vakiav Systems may support different features and functionality the level of service Vakiav provides may not be the same for each Vakiav System.
8. Service Eligibility/Parental Advisory
Use of the Vakiav Services requires that your Vakiav System has access to an always-on, broadband internet connection. To enable the Vakiav Services all Vakiav Systems must be registered at Vakiav apps, such as the official Vakiav iOS and Android apps. THE Vakiav SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE Vakiav SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS UNDER THE AGE OF 18.
9. Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information or materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vakiav, are entirely responsible for all Content that you capture, upload, post, email, transmit or otherwise make available via the Vakiav Services.
9.1 Vakiav does not control the Content posted via the Vakiav Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vakiav be liable for any Content, including but not limited to,
9.1.1 any errors or omissions in any Content
9.1.2 any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Vakiav Services including viewing, copying or redistribution of the Content;
9.1.3 loss or destruction of Content; or
9.1.4 failure to comply with any and all applicable federal, state, and local laws with respect to use of the Vakiav Services including but not limited to laws related to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Vakiav does not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users or merchants may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Vakiav Services.
You agree not to use the Vakiav Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Vakiav Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; interfere with or disrupt the Vakiav Services or servers or networks connected to the Vakiav Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Vakiav Services; intentionally or unintentionally violate any applicable local, state, national or international law.
Vakiav does not view your private photographs or videos without your permission, but you agree that Vakiav and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the Vakiav Services. Vakiav may also refuse or remove Content from the Vakiav Services that may violate the Terms, such as those prohibitions listed in Section 7.
Without limiting the foregoing, Vakiav will have the right at any time to remove any Content that violates these Terms, is illegal, or Vakiav believes may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
9.2 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. You acknowledge, consent and agree that Vakiav may access, preserve and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation or disclosure is reasonably necessary to
9.2.1 comply with legal process, including without limitation subpoenas and search warrants
9.2.2 enforce these Terms
9.2.3 respond to claims that any Content violates the rights of third parties
9.2.4 respond to your requests for customer service or
9.2.5 protect the rights, property or personal safety of Vakiav, its users and the public.
9.3 You understand that the technical processing and transmission of the Vakiav Services, including your Content, may involve
9.3.1 transmissions over various networks and
9.3.2 changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Vakiav Services and software embodied within the Vakiav Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by Vakiav and/or content providers who provide content to the Vakiav Services.
You may not attempt to override or circumvent any of the usage rules embedded into the Vakiav Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the Vakiav Services, in whole or in part, is prohibited.
10. Content submitted or made available for inclusion on the Vakiav Services
Vakiav does not claim ownership of Content you submit or make available for inclusion on the Vakiav Services. Nevertheless, as permitted through the functionality of the Vakiav Services and under these Terms, you grant Vakiav the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Vakiav Services, or for archival and legal purposes.
When you use a third-party application, the application may ask for your permission to access your Vakiav content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to Vakiav do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
11. Internet service provider and cell phone charges
The Vakiav Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the Vakiav Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. Vakiav is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
12. Using the Vakiav Services
You may access and use the Vakiav Services only with a Vakiav System that is authorized to communicate with the Vakiav Websites. You agree not to tamper with or otherwise modify your Vakiav System. Except as expressly provided in these Terms, you may not transfer the Vakiav Services or the right to receive them. By using the Vakiav Services you agree to receive all software updates and upgrades that Vakiav sends to your Vakiav System. If you disable the automatic upgrade feature of the Vakiav System then certain functionality of the Vakiav System may be adversely impacted. Even if you disable the automatic upgrade feature of your Vakiav System, Vakiav may still implement critical Vakiav System updates; updates for Vakiav applications running on your iPhone or Android phone; and Vakiav back end service updates. If your Vakiav System accesses the Vakiav Websites (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Vakiav Services and are bound by the provisions of these Terms.
13. Termination of service
You may request termination of your account and your right to use the Vakiav Services at any time without limitation. The Vakiav Services will be terminated within approximately 5 business days after your request. Any unused Vakiav Services fees (if applicable), including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Vakiav's or its agents’ systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user; transaction details of the account; or information subject to search warrant, subpoenas, or other legal processes.
Notwithstanding anything to the contrary in these Terms, Vakiav retains the absolute right to immediately terminate your account if the subscription charges are refused for any reason(if applicable), if you breach any provision of these Terms, if you misuse the Vakiav Services, and/or if you alter your Vakiav System or use the Vakiav Services or software in such a manner as to infringe upon the intellectual property rights of Vakiav and/or its subsidiaries and affiliates or any third party.
In addition, Vakiav may terminate your account and these Terms for any other reason if Vakiav gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges(if applicable) relating to your use of the Vakiav Services before termination, and Vakiav will give you a pro-rated refund of any of your paid for, but unused, Vakiav Services fees that will remain unused because of Vakiav's termination under this method of termination. Termination of the Vakiav Services may result in the forfeiture and destruction of all information associated with your membership, including Content.
All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. Notice
Vakiav may provide you with notices, including those regarding changes to these Terms, by email, regular mail, text message, postings or updates to the Vakiav Websites or other reasonable means now known or hereinafter developed.
15. Title to software and intellectual property
You may need to use certain software programs in your Vakiav System to use or have full access to certain features of the Vakiav Services. You are required to accept and use the software included in your Vakiav System at the time of purchase and other software programs that may be delivered to your Vakiav System by Vakiav from time to time. Vakiav and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the Vakiav System and certain intellectual property rights in the Vakiav System. Vakiav and/or its affiliates also retain ownership of all Vakiav copyrights, trademarks and other intellectual property. In the case of third party software delivered by Vakiav and/or its subsidiaries and affiliates to the Vakiav System, the applicable third party retains title to and ownership of its software, copyrights, trademarks and other intellectual property.
Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the Vakiav System or the software of the Vakiav System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any Vakiav software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
16. Notice and procedure for making claims of copyright or intellectual property Infringement
Vakiav respects the intellectual property of others and we require our users to do the same. Vakiav may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeated intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide Vakiav with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to:
VANIMAGE CO., LTD.
92 CORPORATE PARK STE C 204 IRVINE, CA 92606
17. Links
You may provide a link to your personal Vakiav site. Any link to any Vakiav Service must be to its home or top-level page.
The Vakiav Services may provide, or third parties may provide, links to other worldwide websites or resources. Because Vakiav has no control over such sites and resources you agree that Vakiav is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further agree that Vakiav will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
19. No resale of Vakiav Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Vakiav Services (including your Vakiav ID), use of the Vakiav Services or access to the Vakiav Services.
