Terms of Use ("Terms")

  • Last updated: June 24, 2016
  • Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.partizancloud.com website, Partizan Cloud Storage mobile applications and Partizan Cloud Master software (the "Service") operated by Partizan Technology, Inc. ("us", "we", or "our").
  • Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
  • By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Subject
  • Partizan Technology, Inc. offers you Partizan Cloud Storage Service, which allows you to view, record and process video and audio data from any private or public premises using Partizan-branded equipment. This Service provides you with the ability of online viewing/listening, recording of video and audio data directly by using Partizan video cameras, video recorders or other Partizan devices. This Service provides you with the remote access to equipment and recorded information, the ability to download this information to computer or mobile devices, as well as motion detection and other related services, which can be found in more details at www.partizancloud.com
  • Currently existing Service, as well as any of its development, expansion or reduction shall be the subject of these Terms.
General Provisions
  • You agree to use the Service solely for the purposes permitted by the Service and any applicable laws, provisions, generally accepted practices or regulations in the relevant jurisdiction.
  • You agree not to engage in any activities that interfere with the provision of the Service (or operation of the relevant servers and networks connected with the Service), or disrupts its provision.
  • The software used within the Service may automatically download and install on your devices the updates provided by Partizan Technology, Inc. which may be provided as bug fixes, changed functions, updated software modules or completely new versions. You agree to receive and allow Service to provide and install such updates on your devices as part of using the Service.
Purchases
  • If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
  • You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
  • The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy at www.partizancloud.com/privacypolicy/
  • We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. In case of any questions or concerns, please contact us via email support@partizancloud.com
Availability, Errors and Inaccuracies
  • We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
  • We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subscriptions
  • Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
  • At the end of each Billing Cycle, your Subscription may automatically renew under the exact same conditions unless you cancel it or Partizan Technology, Inc. cancels it. You may cancel your Subscription renewal through your online account management page.
  • A valid payment method, including credit card or PayPal, is required to process the payment for your balance to be able to use your Subscription. You shall provide Partizan Technology, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Partizan Technology, Inc. to charge confirmed amount from your credit card or PayPal through our payment gateway provider.
  • Should automatic billing fail to occur for any reason, Partizan Technology, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing amount as indicated on the invoice.
  • You will be solely responsible for paying all local charges together with all applicable taxes associated with payments or balance top-ups in our Service. Any legal requirement to pay such charges and taxes, as well as other compensation for use of the Service, is a part of this Agreement.
Compliance With Laws
  • We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Fee Changes
  • Partizan Technology, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
  • Partizan Technology, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
  • Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
  • Certain refund requests for Subscriptions may be considered by Partizan Technology, Inc. on a case-by-case basis and granted in sole discretion of Partizan Technology, Inc. In case of any questions or concerns, please contact us via email support@partizancloud.com
Copyright Policy
  • We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
  • If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@partizancloud.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
  • You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
  • You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
    • - a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    • - identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
    • - 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 owner or authorized to act on the copyright owner's behalf.
  • You can contact our Copyright Agent via email at support@partizancloud.com
Intellectual Property
  • The Service and its original content, features and functionality are and will remain the exclusive property of Partizan Technology, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Partizan Technology, Inc.
Links To Other Web Sites
  • Our Service may contain links to third party web sites or services that are not owned or controlled by Partizan Technology, Inc.
  • Partizan Technology, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
  • You acknowledge and agree that Partizan Technology, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
  • We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
  • We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
  • If you wish to terminate your account, you may simply discontinue using the Service. If you wish to delete your account, please contact us via email support@partizancloud.com.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
  • You agree to defend, indemnify and hold harmless Partizan Technology, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
  • In no event shall Partizan Technology, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  • Using our Service, you confirm that the liability for all information (such as audio files, video files and other data) to which you have access as to part of the Service or through the use of the Service shall be assumed by the person who provided or created the information.
Disclaimer
  • Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
  • Partizan Technology, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
Exclusions
  • Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
  • These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
  • If you have any questions about these Terms, please contact us.
  • Partizan Technology, Inc.
  • 2711 Centerville Road, Suite 400
  • Wilmington, Delaware 19808, USA
  • support@partizancloud.com
Last modified 24.06.2016.
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