| 1. Acceptance of Terms
Logitech Inc. and its affiliates (collectively Logitech)
offer the Logitech Mobile Video website located at: http://mobilevideo.logitech.com
and all related web pages, functionality and/or services (collectively,
the LMV Site) for personal, non-commercial use only.
Use of the LMV Site is subject to these Terms of Service
(TOS), which supplement the Terms
of Use. These TOS and the Terms of Use, including any
all modifications, are collectively referred as the Terms.
The LMV Site is a privately-owned service; it is not a public
forum. Your use of and ability to continue to use the LMV
Site is therefore subject to our discretion. Your use of the
LMV Site and the Logitech Mobile Video Service (the Service)
is subject to all applicable laws and regulations, and these
TOS, which may be updated by us from time to time without
notice to you. You can always view the most current version
of the TOS by clicking on Legal Notices and Disclaimer and
linking to Terms of Service. You are responsible for regularly
reviewing this link. Continued use of the Service following
any posted changes will constitute your acceptance of the
then-current TOS. In addition, you are subject to the Code
of Conduct and any other posted guidelines which are hereby
incorporated by reference into the TOS.
If you do not agree to the Terms, please do not use the LMV
Site, and if you have downloaded the Logitech Mobile Video
software, please stop using the software, destroy any copies
of the software in your possession or control and cancel the
Service with your mobile phone carrier.
2. Users (You)
Logitech`s registered Users consist of people who use the
LMV Site to broadcast video images (Broadcast) and other
Content (defined below) onto certain mobile phones that have
the LMV software enabled and Users who view these Broadcasts
(Viewers) (collectively Users). Users can view Broadcasts
accessible to the general public (Public), or access password
protected private Broadcasts(Private).
3. Services
Unless explicitly stated otherwise, any future developments
or new features, including the release of new LMV Site properties,
shall be subject to these TOS. To use the Service, you must
provide all equipment, including a Logitech webcam, mobile
phone, computer and modem or other access device necessary
to establish a connection to the World Wide Web, and pay any
service fees associated with such access. You understand that
use of this Service may be subject to monthly fees by your
mobile phone carrier.
The Service is available only for use with certain Logitech
webcams and certain mobile phone carriers. Please confirm
that your setup is compatible before commencing use of the
Service.
You understand and agree that the Service is provided on
an AS-IS and AS AVAILABLE basis, and at your own risk.
Logitech assumes no responsibility for the timeliness, deletion,
misdelivery, failure to store or unauthorized access to any
Content.
4. Sign Up, Registration and Subscriptions
a. You must be over the age of 13 years old in order to use
the Service.
b. When you first use the Service, you will be asked to sign
up by providing your User ID and a unique password.
c. You are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for
all activities that occur under your password or account.
Your right to access the Service is intended for personal
use and is non-transferable. You agree to (i) immediately
notify Logitech of any unauthorized use of your password or
account or any other breach of security, and (ii) ensure that
you exit from your account at the end of each session. Logitech
will not be liable for any loss or damage arising from your
failure to comply with this provision.
5. Ability to Accept Terms
We are concerned about the safety and privacy of all our
Users, particularly children. Please take the time to read
our Safety Tips. Users who are
between the ages of 13-18 should check with their parents
before signing up for the Service.
PARENTS: Please remember that the Service is designed to
appeal to a broad audience. Accordingly, as the legal guardian
of any User under the age of 18, it is your responsibility
to determine whether the Service and/or Content is appropriate
for your child.
6. Privacy Policy
Please review our Privacy
Policy with regards to users right to privacy. The information
on that page (and as amended) is deemed to be incorporated
into these TOS. Postings and other communications on the LMV
Site or with Logitech, even though password protected and
designated as private, are not guaranteed private. Logitech
cannot guarantee that members of the public will not be able
to access such content. In addition, such content may be published
and edited at the discretion of Logitech unless specifically
instructed otherwise.
7. Code of Conduct
You agree that your conduct will always comply with Logitech`s
Code of Conduct, and you acknowledge
that failure to abide by these rules may result in the suspension
or termination of your use of the Service, as determined by
Logitech in its sole discretion.
8. Your Content
You understand that all information, data, text, audio, photographs,
graphics, video, messages or other materials (Content),
whether Public or Private, is the sole responsibility of the
person from whom such Content originated. This means that
you, and not Logitech, are entirely responsible for all Content
that you upload, post, stream or otherwise transmit via the
Service. Logitech does not control the Content posted or otherwise
made available via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that
is offensive, lewd, indecent, excessively violent, harassing
or objectionable. Under no circumstances will Logitech be
liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any
Content viewed, posted, streamed or otherwise transmitted
via the Service.
You acknowledge that Logitech does not endorse the Content
and does not assume responsibility for any threatening, libelous,
obscene, harassing or offensive material, or any infringement
of third party intellectual property rights, or any crime
facilitated by such Content. We encourage you to support community
policing efforts and to notify us at LMVFeedback@logitech.com
of any inappropriate, infringing or otherwise objectionable
material.
You acknowledge that Logitech does not pre-screen Content,
but that Logitech and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or
remove any Content that is available via the Service. Without
limiting the foregoing, Logitech and its designees shall have
the right to remove any Content that violates the Terms or
is otherwise objectionable in the sole discretion of Logitech.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any
Content created by Logitech or submitted to Logitech.
You acknowledge and agree that Logitech may preserve Content
and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS or any other posted guidelines; (c) respond
to claims that any Content violates the rights of third parties;
or (d) protect the rights, property, or personal safety of
Logitech, its Users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve transmissions
over various networks and changes to conform and adapt to
technical requirements of connecting networks or devices.
You further understand that Private Content, while password
protected so that the general public cannot view it, can be
accessed by Logitech at all times and, further, that Logitech
cannot and does not guarantee that members of the public will
not be able to access such Content. For the purposes of this
TOS, references to Content means both Public and Private Content,
unless explicitly stated otherwise.
9. License
Logitech does not claim ownership of your Content. By placing
Content on the LMV Site, you grant Logitech a worldwide, royalty-free,
non-exclusive, perpetual, irrevocable, fully paid up license,
with full rights to grant sub-licenses, to use, reproduce,
modify, adapt, translate, create derivative works from, distribute,
perform, display and publish the Content, in whole or in part,
on the LMV Site and/or to incorporate it in other works in
any form, media or technology now known or later developed.
10. Indemnity
You agree to defend, indemnify and hold Logitech, and its
subsidiaries, affiliates, officers, agents, employees, co-branders
or other partners, harmless from any claim or demand, including
reasonable attorneys fees, made by any third party due to
or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection
to the Service, your violation of the Terms or any other posted
guidelines, or your violation of any right of another person,
including any copyright, property or privacy right. This defense
and indemnification obligation will survive these Terms and
your use of the Service.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service without
our prior written consent.
12. Modifications to Service
Logitech reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that Logitech shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
13. Termination and Takedown
We reserve the right to remove, without notice, any Content
for any reason. However, we have no obligation to delete Content
that you may find objectionable or offensive.
Logitech, in its sole discretion, may terminate your access
to the LMV Site, your account or your password and/or remove
any Content you have posted on or made available on the LMV
Site, for any reason. Logitech may also in its sole discretion
and at any time discontinue the LMV Site, or any part thereof,
with or without notice. Logitech shall not be liable to you
or any third-party for any termination of your access to the
LMV Site. If you believe your Content has been unfairly removed
or moved, you may send a written notice stating your reasons
to LMVfeedback@Logitech.com. You acknowledge and agree that
Logitech has no obligation to allow or reinstate any Content
that is available via the Service.
14. Jurisdictional Issues
The LMV Site is controlled and operated by Logitech from
its offices within the State of California, United States
of America. Logitech makes no representation that the Content
is appropriate or available for use in other locations. If
you access the LMV Site from other locations, you do so on
your own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
15. Logitech`s Proprietary Rights
You acknowledge and agree that the LMV Site (excluding your
Content) is owned by Logitech and may contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by Logitech or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Service or the LMV Site, including any software,
in whole or in part.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. LOGITECH
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LOGITECH MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM LOGITECH OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. Limitation of Liability
LOGITECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOGITECH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY OR USER ON THE SERVICE; OR (5)
ANY OTHER MATTER RELATING TO THE SERVICE, THE LMV SITE, OR
ANY SOFTWARE, MATERIALS OR INFORMATION PROVIDED HEREIN.
18. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability. Accordingly,
these provisions may not apply to you.
19. Notice
The Service may provide notices of changes to the TOS or
other matters by displaying notices or links to notices to
you generally on the Service.
20. Copyrights and Copyright Agents
Logitech respects the intellectual property of others, and
we ask our Users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide Logitech`s Copyright Agent the following information:
· an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has
been infringed;
· a description of where the material that you claim is infringing
is located on the LMV Site;
· your address, telephone number, and, if available, 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; and
· a statement by you that the above information is accurate
and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
Logitech`s Copyright Agent for Notice of claims of copyright
infringement on the LMV Site can be reached as follows:
By mail:
Copyright Agent
Logitech Inc.
6505 Kaiser Drive
Fremont, CA 94555 USA
By email: LMVcopyright@Logitech.com
21. General Information
The Terms, including any other posted guidelines and amended
terms, constitute the entire agreement between you and Logitech
and govern your use of the Service, and supersedes any prior
agreements between you and Logitech. You also may be subject
to additional terms and conditions from your mobile phone
carrier and others that may apply when you use affiliate services,
third-party content or third-party software. The Terms and
the relationship between you and Logitech shall be governed
by the laws of the State of California without regard to its
conflict of law provisions. You and Logitech agree to submit
to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California. The failure
of Logitech to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the Service or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
The section titles in the Terms are for convenience only
and have no legal or contractual effect.
22. Violations
Please report any alleged violations of the Terms at LMVFeedback@Logitech.com.
Last updated: March 12, 2007
|
Terms
of Service
