Terms

Terms of Use & Cookies Policies

Last modified: 20170530

These Terms of Use govern your Use of the websites including www.loscam.com (the “Websites”), any mobile applications associated with these Websites (the “Mobile Applications”) or any associated Content (as defined below), material, or functionality contained on the Websites or Mobile Applications (the “Services” and, together with the Websites and the Mobile Applications, collectively, the “System”). The System is the property of LOSCAM. By accessing, browsing, downloading, using, or registering for (collectively “Using” or “Use”) any Content, material, or functionality contained on the System (the “Services”), you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full.  

Please be noted that your continued Use of the System (or any portion thereof) will confirm your acceptance of such changes or modifications, and to the Terms of Use. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE THE SYSTEM.

Change of Terms of Use

LOSCAM reserves the right to change or modify these Terms of Use or any policy or guideline of the System, and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or Services that we may make available on or through the System in its sole discretion with or without notice. All such updates and amendments are effective immediately upon becoming available on the Websites or the Mobile Applications. You waive any right you may have to receive specific notice of such changes or modifications. You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the System.

Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Statement shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.

This Terms may be changed from time to time as specified below. While we make reasonable efforts to provide accurate and timely information about LOSCAM on the System, you should not assume that the information is always up to date or that the System contain all the relevant information available about LOSCAM.

Access and Use

In this Terms of Use, you (“you” and “your”) refers to (a) you, the individual accessing the System, (b) any electronic agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System.) are accessing these Terms of Use is created and maintained by LOSCAM. Please read the following terms (the “Terms of Use”) carefully.

References to “LOSCAM”, “us” and “we” shall include China Merchants Loscam International Holdings Co., Limited and any of its direct or indirect parent and subsidiaries.

Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify LOSCAM immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by LOSCAM or any other user of or visitor to the System due to another person using your account, login ID, or password.

In order to use LOSCAM’s mobile application, you must enter the username and password (“Account Information”) associated with your scam Online account (“User Account”).  The Account Information that you enter will be authenticated through the mobile application.

LOSCAM grants you a personal, non-exclusive, non-transferable, limited license to Use the System to view or access the Services solely for your personal, internal, and non-commercial use only, you cannot use or otherwise exploit the System and/or any Content in connection with any business or commercial undertaking (whether or not for profit), including but not limited to:

(a)any resale or commercial use of the System or Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the System or Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the System, Content or any information contained therein, except as expressly permitted by LOSCAM; or (g) any use of the Websites or their content other than for their intended purpose; h) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Websites or Mobile Applications contained therein). 

Where personal data is stored electronically, it will be kept in a password-protected form. Personal data, whether stored in electronic form on computers or in hard-copy form, will be accessible only by authorized officers or employees of LOSCAM. Persons designated by LOSCAM to handle personal data will comply with this Terms of Use and Privacy Statement and/or any other relevant obligations under the law.

You represent and agree that all information that you provide to LOSCAM in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use with or without any reason or notice, at any time, and we shall bear no liability for such termination. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System and you are liable to indemnity and hold harmless of LOSCAM for any consequences.

You agree that you will not use the System or any data, material or information made available on or through the System, in any format whatsoever, including (without limitation) any information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, technical drawings, configurations, graphics and other materials or files contained therein, and the compilation, collection, design, selection, and arrangement thereof ("Content"):

  1. in any way that breaches any applicable laws, regulations, codes, guidelines or orders;
  2. in any way that contravenes or infringes upon any of our rights or any third party’s rights (including any Intellectual Property Rights, as defined below);
  3. to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
  4. to disclose, distribute, use, copy or compile any personal data or contact information made available on the System for any purpose (including, without limitation, to send any marketing materials) not expressly permitted by the System;
  5. for any purpose not expressly permitted by the terms of this Terms of Use or Privacy Statement.

You further agree not to modify the System, or any part thereof, in any form or manner, nor to Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of LOSCAM. You agree not to take any action or allow any third party to take any action that would interfere with or disrupt the System, or the servers and networks through which the System is operated, or which would enable you, or any third party, to gain unauthorized access to, or to tamper with or use any of our computer systems or networks.

You agree not to disclose, distribute, use, copy or compile any personal data or contact information made available on the System for any purpose (including, without limitation, to send any marketing materials) not expressly permitted by the System, unless you receive our express prior written consent to do so.

LOSCAM may terminate, change, suspend or discontinue any aspect of the System (or any portions or components of the System), including the availability of any features or Services, at any time. LOSCAM may remove, modify or otherwise change any content, including that of third parties, on or from the System. LOSCAM may impose limits on certain features and System, or restrict your access to parts or all of the System, without notice and liability.

Intellectual Property

For the purposes of this Terms of Use, "Intellectual Property Rights" shall mean any copyright, trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, database rights, rights in designs, topography, know-how, trade secrets or any similar right or proprietary right, whether registered or not, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, anywhere in the world, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

All Intellectual Property Rights in the Websites and Content belong to Loscam. You have no right to use any of our (or our licensors) trade names, trademarks, service marks, logos, copyright, domain names or any other Intellectual Property Rights. The posting of information or other materials or Content on the System by LOSCAM does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

 

LOSCAM respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that LOSCAM owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the countries, and that you acquire no ownership interest by accessing and using the System and the Content and all such rights are and shall remain the property of LOSCAM or its licensors and content-providers. The products, technology or processes described on the Websites may be the subject of other Intellectual Property Rights owned by LOSCAM or by other third parties. No license is granted to you in respect of those Intellectual Property Rights.

You must not distribute, modify, transmit, copy or use any Content in any manner for public or commercial purposes without prior written permission from LOSCAM.

Copyrights

The copyright in this publication is owned by LOSCAM. It incorporates portions of existing copyrighted material owned by LOSCAM and is used here with permission.

As stated above, all Content provided on the System are either Copyright © 2016[LF2]  LOSCAM (“Copyright LOSCAM”) or the proprietary property of LOSCAM, its parent company, affiliates or related companies, and/or licensors. All rights are reserved. The Content (whether in whole or in part) may not be modified, copied, distributed, framed, reproduced, republished, downloaded, publicly displayed, posted, encoded, translated, transmitted, distributed, or sold in any form or by any means, without LOSCAM’s prior written permission, except (i) as otherwise expressly provided in these Terms of Use, or (ii) that you may download and print Content for uses that are not competitive with or derogatory or detrimental to LOSCAM in any way, so long as you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked by LOSCAM at any time and for any reason and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any Use of the Content except as described in these Terms of Use is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the System, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on the System, please contact us as described in the “Notice Regarding Copyright Agent” section of these Terms of Use.

Any person may reproduce any portion of the material in these web pages subject to the following conditions:

§  The material may be used for information and non-commercial purposes only

§  It is not modified in any way

§  No unauthorized copy is made of any LOSCAM trademark

§  Any copy of any portion of the material must include the following copyright notice:
Copyright © LOSCAM. All Rights Reserved.

Notice Regarding Copyright Agent

LOSCAM respects the intellectual property rights of others and requests that users of our System do the same. If you believe that any content on the System violates or infringes your intellectual property rights, please provide a notice to LOSCAM for the applicable portion of the System containing the following:

§  An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

§  Identification of the copyrighted work claimed to have been infringed;

§  Identification of the material that is claimed to be infringing and information reasonably sufficient to permit LOSCAM to locate the material;

§  The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

§  A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

§  A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to Loscam.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SYSTEM OR ANY CONTENT ON THE SYSTEM (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SYSTEM) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

Trademarks

“Loscam”, “Loscam Fresh” and Loscam logos are registered trademarks of LOSCAM registered in at least one jurisdiction. All other Loscam trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the System are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of LOSCAM or its affiliates or licensors. In countries where any of the Loscam trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Loscam claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin.

All trademarks on the System are either trademarks or registered trademarks of LOSCAM, its affiliates or related companies, or its licensors. Such trademarks may not be copied, imitated, or used, in whole or in part, without LOSCAM’s prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of LOSCAM or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LOSCAM. Other trademarks, registered trademarks, product names, and company names or logos displayed on the System are the property of their respective owners. If you believe that your trademarks have been improperly used on the System, please contact us.

In addition, if you wish to use LOSCAM’s logo or trademark consistent with these Terms of Use, please contact us.

Patents

LOSCAM’s products and processes may be covered by one or more patents, or may contain LOSCAM trade secret and/or proprietary information. LOSCAM reserves all rights to such patents, trade secrets and proprietary information. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use or your Use of the System. You agree not to infringe upon such rights or to decompile, reverse engineer, or disassemble any of LOSCAM’s products or processes.

Software

Any software, including any files or images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through the System may be used by you solely for accessing and using the System, provided that such uses are not competitive with or derogatory to LOSCAM, and are consistent with the purposes expressly stated on the System or these Terms of Use. LOSCAM retains full and complete title or license to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from such Software.

Links and Third Party Content

Links to Other Web Sites.

The System may contain links to other websites or online resources. These links are provided solely as a convenience to users of the System and do not constitute an endorsement, sponsorship or recommendation by LOSCAM of -- or responsibility for -- the linked websites, any content, services or products available on or through such sites, or the companies associated with such sites. LOSCAM disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against LOSCAM arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that:  (a) LOSCAM is affiliated or associated with any linked sites; (b) LOSCAM is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of LOSCAM.

Other sites may link to the System with or without our authorization, and we may block any links to or from the System.  YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

This Privacy Statement only applies in relation to the collection of personal data by LOSCAM. If you click on a hyperlink taking you from this website to another website, LOSCAM shall not be responsible for the privacy and security practices or the content of such website, or any collection of your personal data by the third party operating such website, and you should refer to the privacy policy of each website you enter.

Links from Other Web Sites.

All links to any System must be approved in writing by LOSCAM, except that LOSCAM consents to links where:

         i.            the link is a text-only link containing only the title of the home page of the Websites;

        ii.            the link “points” only to the home page of the Websites and not to deeper pages;

      iii.            the link displays the home page of the Websites full-screen -- i.e., not within a “frame” on the linked website; and

the appearance, position, and other aspects of the link does not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by LOSCAM, its parent company or its affiliates and related companies, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of LOSCAM, its parent company, or its affiliates or related companies.

LOSCAM reserves the right to revoke this consent to link at any time in its sole discretion. You agree that you will promptly remove or disable any hyperlink to the Websites upon the written request of LOSCAM. In no event will you use any logo or trademark of LOSCAM as a hyperlink "button," or in any other manner, without LOSCAM’s express written consent.

You are granted a limited, non-exclusive right to create text hyperlinks to the System for noncommercial purposes, provided such links do not portray LOSCAM in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Loscam’s logo or other proprietary graphics to link to our System without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Loscam trademark, logo or other proprietary information, including the images found at the System, the content of any text or the layout/design of any page or form contained on a page on the System without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of LOSCAM or any third party. LOSCAM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the System. Such sites are not under the control of LOSCAM and LOSCAM is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Third Party Content.

The System may contain material, data or information provided by (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information, posted or offered by third parties through framing and other technology. You agree that neither LOSCAM nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. Your use of such third party content, where applicable, may also be subject to the terms of the applicable content provider’s terms of use and privacy policy. LOSCAM does not control, endorse, or vouch for the content provided by third parties on the System, including that the inclusion of any link does not imply affiliation, endorsement or adoption by LOSCAM of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. LOSCAM is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other website. If you believe any of the content provided by third parties violates any of your proprietary rights, please contact us.

Additionally, the System may contain offers for sale of merchandise or services not provided by LOSCAM. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, quantity, availability, and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the System and a merchant's website will be governed by the terms shown on the merchant's site. LOSCAM is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website. You acknowledge and agree that LOSCAM is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our System.

Disclaimers

You should independently evaluate the accuracy and the usefulness of the content for your particular needs. Products and services are subject to change without notice. All information on the System is subject to the disclaimers contained in these Terms of Use.

All information contained on the System is intended for reference only. LOSCAM does not guarantee the truth, accuracy, completeness or timeliness of the information, and accepts no liability (whether in tort, contract or otherwise) for any loss or damage howsoever arising from or in reliance on the Content.

Additionally, the System may include technical inaccuracies or typographical errors. LOSCAM shall have no liability in connection with any such inaccuracies or errors, nor shall LOSCAM have any obligation to identify and/or correct any such inaccuracies or errors.

The system and the content and services available through it are provided on an “as is” and “as available” basis, and is for informational purposes only. You expressly agree that use of the system, the services, and/or the content is at your sole risk. Accordingly, to the maximum extent permitted by applicable law, LOSCAM and its officers, directors, employees, shareholders or agents disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the System and Content are free from viruses, and non-infringement as to the System and the information, content and materials contained therein.

To the fullest extent permissible pursuant to applicable law, and except as expressly agreed to in writing, loscam, its parent company and its affiliates and related companies, disclaim all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement.

You expressly agree that use of the system, includeing all content, data or software distributed by, downloaded or accessed from the system, is at your sole risk. You understand and agree that you will be solely responsible for any direct, indirect, special, incidental and consequential damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that loscam does not control information, products or services offered by third parties through the system. Except as otherwise agreed in writing, loscam and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties.

Loscam does not make any warranty that the system or its content will meet your requirements, or that the system or its content will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. Nor does loscam make any warranty as to the results that may be obtained from use of this system or the services, or as to the accuracy, completeness, security, timeliness or reliability of any information obtained through use of the systems.

LOSCAM or its agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the System, the content or the materials contained in or accessed through the System, LOSCAM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF LOSCAM, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to LOSCAM's records, programs or services. In no event shall the aggregate liability of LSOCAM, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the System, exceed any compensation you pay, if any, to LOSCAM for access to or use of the System. ITS PARENT, AFFILIATES OR RELATED COMPANIES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY STATEMENT, LOSCAM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SYSTEM WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOSCAM OR THROUGH THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

We may amend the terms of this Disclaimer from time to time in our sole discretion without any notice or liability to you. Without prejudice to the foregoing, the latest version of this Disclaimer shall be posted on the System. If you continue to use the System after the amended version has been posted, you agree to be bound by such amendments to this Disclaimer. It is your responsibility to regularly check the System to see if there are any changes to the Disclaimer.

Limitation of Liability

While we endeavor to maintain the information on the system accurate and up-to-date, you acknowledge that the system and all content, information and materials made available through the system are provided to you “as is” without any express warranties or representations of any kind. Loscam, its affiliated entities and their respective licensors disclaim all statutory and implied representations, warranties, terms and conditions with respect to the system and all content, information and materials made available through the system, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement.  We do not promise that the system, nor any information, content or materials made available through the system, will be accurate, reliable, complete, error free or compatible with any particular hardware or software. 

Except as specifically agreed to in writing, under no circumstances, and to the maximum extent permitted by applicable law, shall loscam or its parents, subsidiaries, affiliates or related companies, officers, directors, employees, agents, representatives, licensors or suppliers make any representation or warranty (a) regarding the statements, acts or omissions of any third parties; (b) that the system and/or any of its features will be available on a timely basis, or that access to the system and/or any of its feastures will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the system or the servers or networks through which the system is made available are secure or free of viruses or other harmful components. 

Except as specifically agreed to in writing, under no circumstances, and to the maximum extent permitted by applicable law, shall loscam or its parents, subsidiaries, affiliates or related companies, officers, directors, employees, agents, representatives, licensors or suppliers be liable in contract, tort or otherwise for any direct, indirect, incidental, exemplary, punitive, special or consequential damages, losses, claims, judgments, actions, costs, legal fees, expenses, fines or penalties, whatsoever (including, without limitation, any special, indirect, direct, punitive, incidental or consequential losses, loss of business, loss of data or loss of profit), arising from or in connection with the use of or the inability to use the system or any content or services contained on the system, including but not limited to, damages for loss of profits, business interruption, loss of programs, data or other intangibles, even if loscam has been expressly advised of the possibility of such damages. The parties acknowledge that this is a reasonable allocation of risk. In any event, our total liability for claims brought pursuant to these terms of use or your use of the system (or any portion thereof) shall be limited to the revenues we received from you in the twelve (12) months preceding the applicable cause of action.

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless LOSCAM, Its affiliated entities and any other party involved in creating, producing or delivering the System, and their respective parent, its independent contractors, service providers and consultants, and their respective directors, officers, employees, agents,  subsidiaries, shareholders, licensors and representatives, affiliates and related companies, and their officers, directors, employees, agents, and suppliers from and against any claims, losses, suits, damages, costs, expenses,  liabilities, penalties, and expenses, (including, but not limited to, reasonable attorneys’ fees), arising out of (i) your use of, or activities in connection with, the System;  (i) any violation by you of these Terms of Use or the rights of another, (ii) any third party claim in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System, or (iii) your access to and use of the Content, the System, and other materials, products, and services available on or through the System and LOSCAM.  (c) any allegation that any Content that you make available or create through the System, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. LOSCAM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

LOSCAM reserves the right to modify or discontinue, temporarily or permanently, the System or any features or portions thereof without prior notice. You agree that LOSCAM will not be liable for any modification, suspension or discontinuance of the System or any part thereof.

Safety

Viruses

LOSCAM makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.

Personal Information

LOSCAM takes all of the necessary technical and organizational security measures to protect your personal data from being lost or misused. For instance, your data is saved in a secure operating environment which is not accessible to the public. In certain cases, your personal data is encrypted by [Secure Socket Layer technology (SSL)] during transmission. This means that an approved encryption procedure is used for communication between your computer and the LOSCAM servers if your browser supports SSL. Should you wish to contact LOSCAM by e-mail, we would like to point out that the confidentiality of the information sent cannot be guaranteed. The contents of e-mail messages can be read by third parties.

General

Applicable Law.

These Terms of Use shall be governed by and construed in accordance with the laws of [country], and are subject to the exclusive jurisdiction of the courts of the [country], without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the [country ]. You further expressly waive any claim that venue is improper for any reason in these courts.

Other.

Subject to the terms of any other agreements signed by LOSCAM for materials and services purchased through the System, these Terms of Use constitute the entire agreement between you and LOSCAM governing your use of the System. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the System must be filed within one year after it arose or be permanently barred.

You agree that you shall not contest the admissibility or enforceability of LOSCAM’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and LOSCAM. LOSCAM may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of LOSCAM. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of the aforementioned laws or these Terms of Use.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Statement, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.  These remedies are in addition to any other remedies we may have at law or in equity.

Severability

If any of the terms of this Terms of Use & Privacy Statement are found to be invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if this Terms of Use & Privacy Statement had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall not impair the enforceability of any of the other clauses.

Language

If this Terms of Use and Privacy is translated into any other language, the English language version shall prevail.

Entire Agreement

This Disclaimer and Privacy Statement contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Websites and their content.

Waiver

A failure or delay by us to exercise any right or to act upon a breach in relation to this Terms of Use and Privacy Statement will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of this Terms of Use and Privacy Statement must be in writing, and such waiver is limited to that particular right or breach stated therein.

Assignment

You may not transfer any of your rights or obligations under the terms of this Terms of Use and Privacy Statement without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.

International Usage.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the System. The System is controlled and operated in the Hong Kong. IF YOU ARE ACCESSING THE SYSTEM FROM OUTSIDE THE REGIONS, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THE SYSTEM (OR ANY PORTION THEREOF).

Changes to the System

We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate this System or any Content.

 
 

 

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