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Registration Terms & Conditions of Use
Membership Registrations Service Terms & Conditions Article 1 (Purpose) 1. The purpose of the current Terms & Conditions presented by NETCURY TECHNOLOGY INC (hereafter referred to as Company, Us, Our or We), in relation to the Company's inclusive services of Video Linked Services, Remote-Security Settings & Notification and Image Storing Services is to constitute the rights, obligations, responsibilities, and etc. of the relationship between the Company and you (hereafter referred to as Members). 2. The Company regulates the use of additional services of registered members who made purchases on a company's camera family product (IP cameras). Thereof, all inclusive services of any sold product family (IP Cameras) adhering to Remote-Security are not required services of the company. Article 2 (Definitions) The definitions of the words and terms used in this Member Registrations Terms & Conditions are as follows: 1. "Service" describes the Company's inclusive services of Video Linked Service, Remote-Security Settings & Notifications, and Image Storing Service through additional DDNS services, which members may utilize. 2. "Member" describes a customer who accesses member services and agrees to the Terms & Conditions of Use, utilizing the provided "Services" of the company. 3. "ID" describes the combination of characters and numbers approved by the company which is created by a member in order to distinguish Members and the usage of services of the Members. 4. "Password" describes the combination of characters and numbers created by a member, which confirms the relation between a member and a given ID. 5. "Auto-Password Changer Service" describes the service of automatically resetting Camera Passwords arbitrarily for arbitrary periods by member volitions. 6. "Premium Service" describes the paid inclusive service of Remote-Security, Power-Outage Alarm, MMS, Scheduled MMS, Email, Password Changer, Log-watcher, Lost/Stolen Camera Tracking, Remote-Assistance functions provided from the company. 7. "Points" describes virtual data that the company may arbitrarily regulate, appropriate or compensate with, which do not have asset value. 8. "Product Registration" describes the process of a member activating a purchased product by entering its identification number (indicated on product at purchase) in order to access service. 9. "Remote-Assistance" describes the paid proxy service of remote-accessing member PCs to support members who are having difficulties with installations. 10. "DDNS" describes the assignation of distinct Internet addresses, for members to view through their registered products by accessing the web more conveniently. 11. "Mobile Video Application" describes the smartphone program distributed by the company, which members install as a smartphone application to conveniently control or monitor videos from remote locations. 12. "Push Notice" describes the Short Message Service (SMS), which is a smartphone service component that is sent through a company server signal via a relay station (smartphone service provider server) unto the members. 13. "SMS, FAX, PHONE CALL" describes the transmission of detected camera alerts by means of sending received detections from the company server via telecommunications service provider servers and ultimately unto the member; alerts are transmitted through pre-designated telephone, fax, mobile phone numbers for SMS, FAX, or Voice Call. 14. "Remote-Security" describes the system of physical sensors attached on cameras receiving trespass/intrusion signals and sending the received signals to a central processing server. 15. "Power-Outage Alert" describes the service of members being notified for product, network, power malfunctions when a camera discontinues transferring operational signals unto the central processing server. 16. "MMS" describes the Multimedia Message Service (MMS) of forwarding image files to recipients (designated by member), when a member's operating camera detects a Remote-Security signal during monitored situations. 17. "Scheduled MMS" describes the Multimedia Message Service (MMS) of periodically forwarding image files to recipients (designated by member), when a member's operating camera detects a Remote-Security signal for monitored situations. 18. "Email" describes the service of transmitting image files and messages of detected trespass/intrusions to a pre-designated email address when a Remote-Security signal is detected. 19. "Auto Password Changer" describes the service of resetting passwords periodically through an electronic algorithm since resetting passwords periodically may be inconvenient; a member requested paid service for enhancing security measures. 20. "Log-watcher" describes the service that prevents authorized member login information from being stolen or used (without notice) by a 3rd party; keeps record of member logins, enabling members to check their own login history. 21. "Lost Tracking" describes the service of retrieving a lost camera's IP address. IP addresses will be retrievable if a member registers the purchased product and also enables the Lost Tracking function as the company's central processing server will then be able to locate a member's camera during a 3rd party access. 22. "Image Storing" describes the proxy service for storing a member owned & operated camera video information unto a 3rd party location or a 3rd party contractor's central Video Storing Server. Article 3 (Terms & Conditions of Disclosure and Amendment) 1. The Terms & Conditions of Use is disclosed on the first page of this service page by the Company for the Members to conveniently acquire the contents. 2. The Company may amend the Terms & Conditions of Use within the scope of the Regulations Act, Telecommunications Network Laws, and the Privacy Policy Protection. 3. If the Company decides to amend the Terms & Conditions of Use, its initial effective date and the reason for amending will be clearly stated according to Section 1. This process will be announced for 10 days, starting from the effective date of the amended Terms & Conditions of Use. However, if the amended Terms & Conditions of Use is deemed disadvantageous for certain members, these members shall contact the Company via email, instant messaging, or any other means of contact within a specified time period. 4. Amended Terms and Conditions of Use are disclosed and notified through the processes of the preceding section. If an expression of intent is not expressed by the Members within 10 days from the effectuated date of the amended contents, it will be deemed that Members have agreed to the amended content. 5. Members may choose to cancel the agreement of the Terms & Conditions of Use if Members cannot comply to the amended Terms & Conditions of Use as the Company may not be able to effectuate the amended contents for such Members. The Company may also choose to cancel the agreement of the Terms & Conditions of Use for certain Members if the existing Terms & Conditions of Use cannot be applied under specific circumstances. Article 4 (Usage Agreement Contract) 1. The Usage Agreement is concluded when a person, who desires to become a member, registers for membership and thereafter the agreement for the Usage Agreement is authorized by the Company. 2. It is a general rule that the company approves and authorizes a registering member's request for the usage of the company's service. However, the company may choose to reject or cancel a member's Usage Agreement, even posthumously, through an evaluation process for those who pertain to the following conditions: -A Member who has formerly been deprived of a membership. (Exemption: Re-registered Members) -A Member who does not purchase our family product. -A Member who tries to utilize the Company services through a 3rd party product. -A person who desires to become a member but has liability issues and/or is in violation with other legal matters may be subject to confirm an authentic identity by means of a professional organization. -A person who desires to become a member yet has been deferred or has been unauthorized pertaining to Section 2 and Section 4, will be notified by the company as a general rule. -The Usage Agreement is effectuated when registrations are complete; as indicated by the Company throughout the registration procedure. Article 5 (Member Information Changes) 1. A Member may view and edit their personal information in the Personal Information page. 2. Members must notify the Company for any changes to personal information by revising the information Members provided during membership registration via online, email or any other possible methods. 3. The Company will not be responsible for any damages or losses incurred due to failing to disclose modified information as stated in Section 2. Article 6 (Duty to Protect Personal Information) 1. The Company is committed to protect the personal information of Members in compliance with the Telecommunications Network Law. The Company's Privacy Policy and related-laws are implemented to protect Personal Information and usage of Personal Information. 2. Members are not required to submit all of their personal information for the purpose of protecting Personal Information. (e.g. Real Name, SSN, EIN, Address, DOB). Article 7 (Duty of Member ID & Password Management) 1. Members are responsible for Member, ID and Password related issues as the Member ID and Password should not be conceded to a 3rd person/party. 2. The Company has the right to restrict the usage of a Member ID if it has the potential to be exposed and anti-social, offensive against public morals, misconceived as the Company or Company administrator. 3. A Member must immediately notify the Company for 3rd party usage or plagiarizing of an "ID"/"Password". 4. The Company will not be responsible for any damages or losses incurred by Member if a Member does not notify the Company, according to Section 3, or even has notified the Company but had not followed the instructions of the Company. 5. The Password Changer function is a service provided by the Company, which is a pre-paid service to periodically reset passwords for the members as the Members must enter their possessed Access ID and Passwords into the company server to utilize this service. Article 8 (Member Notification) 1. The Company may send out alerts and notifications to Members via email, instant messaging, etc as long as the process is not restricted by the current Terms & Conditions of Use. 2. The Company may substitute the processes of Section 1 for notifying the members as a whole through the Bulletin Board as announcements will be disclosed for up to at least 7 days. Article 9 (Duties of the Company) 1. The Company is committed to provide stable and continuous services that are not offensive to public morals and within the scope of the current Terms & Conditions of Use. 2. The Privacy Policy is disclosed and complied by the Company as the Company must possess a security system in order to provide members with a secure service in order to protect personal information of the Members (credit information included). Article 10 (Duties of the Member) 1. Members must not do the following: - Register or make changes with fraudulent information. - Plagiarize 3rd party information. - Modify information disclosed by the Company. - Disclose or transfer information (computer program, etc) that was not intended for disclosure or transference. - Violate Intellectual Property Rights and/or Copyrights of the company and other 3rd party businesses. - Defame or libel Company and/or other 3rd party business operations. - Disclose pornographic, violent message, image, audio, etc information via the Service, which is offensive to the public order and moral. - Utilize the Service without the Company's consent for commercial purposes. - All other illegal or unjust acts. 2. Members must comply to the Relations Acts, regulations of the current Terms & Conditions of Use, Usage Agreement, disclosed service related announcements, and may not interfere with the Company's business operations. 3. Members must confirm at least once a day for the status of normal operations of Remote-Security Settings, Camera Settings, Communication Status, Network Status, Alert Notification Services. 4. Members may not make installations at locations (e.g. bathroom, toilets, dressing room) where personal privacy can be violated or at places where the Privacy Policy is breached. 5. Members may not use another person's private information for invasive purposes and must also manage to preserve video files from being lost, stolen, exposed, falsified, and damaged to/by a another person or a 3rd party. 6. Members may only utilize Software provided by the company to access linked services and may not attempt to utilize linked services by attempting to access the provided server other than through the company provided Software. 7. Limitations on Usage, Copy, and Modification A. Software and Linked Services may not be reverse engineered, decompiled, and/or disassembled beyond the restricted scope of pertaining related laws. B. Software, wholly or partly, may not be utilized, copied, translated, redistributed, retransmitted, published, leased, rented, sold, pledged, remortgaged, transferred, modified, edited, or expanded other than for the permitted circumstances indicated in the Terms & Conditions of Use. C. Software may not be used to make secondary copyrighted materials. D. Signs, marks, labels of Intellectual Property Rights may not be removed from "Software". 8. Members may not utilize Software and Linked Services for commercial purposes without the consent of the Company as the Company will not be responsible for any damages or losses incurred from such commercial activities. Furthermore, members will be held liable to compensate for any damages or losses incurred by such activities as the Company may make claims for indemnities upon the members through legal procedures of the Usage Agreement and any appropriate legal action. 9. Members may not defame the Company or a 3rd party by the utilization of Software and Linked Services, production of pornographic or anti-social materials, violation of related laws and social morals. 10. Members may not infringe the Company's and/or 3rd party business' Intellectual Property Rights. 11. Members will be held completely responsible for their conducts and must not misrepresent themselves as a associate of the Company. Article 11 (Installations of Special Features of IP Cameras) 1. Members may use built-in functions of IP Cameras within its limitations as listed below: - Web Server Accessing - Real-Time Monitoring - Real-Time Recording - Email Transmission - FTP Notification - Control Panel Functions & etc 2. Functions may differ depending on the products. 3. Products must be installed by the members. 4. Members may request for installation visits if members have difficulties with installations. 5. The Remote-Security service, provided by the Company for family products, is not an included, nor a required service of the Company. Thus, members may not return or exchange products, or seek for refund on account of that the inclusive services of Remote-Security have been discontinued. Article 12 (Provision of Web Services) 1. DDNS 2. Remote-Security 3. Power Outage Alarm 4. MMS 5. MMS Scheduler 6. Email (Service) 7. Password Changer 8. Log-watcher 9. Lost Tracking 10. Remote Assistance 11. Image Storing 12. Smartphone Application 13. Smarthphone SMS Push Notification Service 14. Service Inquiry 15. All additional developments and services produced from alliance contracts provided by the Company and/or 3rd party businesses. 16. The Company may determine and segregate the available service hours within the limitations for each Service. Such changes will be notified prior to effectuation. 17. It is a general policy that the Services are available 365 days a year, 24 hours a day. 18. The Company may temporarily discontinue Services due to the maintenance, replacement, communication loss of computers and information technology equipments, or for any other substantial operational reasons. 19. In such cases, the Company will notify the members according to Article 8 (Member Notification). 20. The Company may implement periodical maintenances for the Service when it is necessary, as maintenance schedules will be posted on the Company website. Article 13 (Service Modifications) 1. The Company may modify Services (wholly/partly) depending on operational and technical needs. 2. Changes in Service, Usage Method, Service Hours will be posted on the initial page of the Company's website, containing the reason for change, contents to be changed, and the effectuating dates of the changing services. 3. The Company may edit, discontinue, alert the free Services (wholly/partly) entailed to the needs of the Company policies and operations. Accordingly, Members cannot be compensated unless special provisions of related laws were applied. Article 14 (Provision of Information and Advertisement) 1. Information which is deemed necessary for Members to be informed with may be noticed by the Company via email, SMS, Smarthphone Push Notice, and etc. However, Members may choose to reject to receive all information, other than for information regarding transactions and customer inquiry responses, . 2. The Company may publish Service related advertisements via the Company website, Homepage, emails, and mobile applications. Members may choose to reject to receive emails that contain published advertisements. 3. A Member or a Non-Member may not change, edit, restrict the information for Services, Bulletin Board, and etc of the company. Article 15 (Bulletin Board Management) 1. The administrator must take legal measures according to the procedures of related laws and may request for the deletion and cessation of Bulletin Board contents when a Member violates Telecommunications Network Laws and Copyright Laws, defames or slanders. 2. The Company may take legal interim measures according to the related laws if there is legitimate evidence of infringement or violation concerning Company policies or related laws, even without the request from an administrator as indicated in the preceding section. 3. The detailed procedures within the current Article, adheres to the Bulletin Board Cancel Request Service established by the Company, all within the scope of Telecommunication Network Laws and Copyright Laws. Article 16 (Attribution of Rights) 1. Copyright and Intellectual Property Rights of the Services are attributions of the Company. 2. The Company may only grant the privilege of use of IDs, contents, or Points for Members according to the established usage conditions; Members may not transfer, sell, or pledge IDs and Points. Article 17 (Points) 1. For alert Services, the Company converts communication service fees into points, as the points are then sold to the Members. Points are then transferred and stored by the Members as a virtual balance. 2. The Company may control Points (wholly/partly), for the efficiency of use and operations, as the Company may choose to periodically delete Points subsequent to announcing such events. Article 18 (Contract Termination & Revocation) 1. Members may terminate the Usage Agreement at anytime through Customer Service (available on the initial page of Company's website) or My Page, as the Company must immediately handle the termination process according to the related laws. 2. All points possessed by a Member will disappear when Members terminate their contract. 3. Member's Data will be deleted unless data are prevented by the Company from being deleted according to related laws and the Privacy Policy. 4. Members should delete registered cameras and Bulletin Board messages prior to deleting memberships since membership deletions do not delete registered cameras or posted Bulletin Board messages. Article 19 (Limitations on Use and Etc) 1. The Company may warn, temporarily suspend, or permanently discontinue services (in stages) for Members if Members violate the duties of the current Terms and Conditions of Use or interferes with the Company's normal business operations. 2. In spite of the preceding section, if a Member commits a payment fraud, provides and interferes normal business operations with illegal programs that violate Copyright Law & The Protection Act of Computer Program, illegally communicates or commits hacking that violates Telecommunication Network Laws, distributes malicious programs, exceeds authorized access, and violates any other related laws, the Company may permanently discontinue the usage of Service for certain Members. When the usage of Service is permanently discontinued by the Company that pertains to the subject of the current section, all Points and any other related benefits will be removed as the Company will not make additional compensations. 3. To benefit the efficiency of operations and to protect personal information of Members, the Company may limit the usages of Members if Members do not login for more than 3 months. 4. The restricted conditions and detailed contents, all within the scope of the Limitations of Use in the current Article are determined by the company through the Limitations on Use and each Service Policies on the basis of operational policies. 5. The Company will notify Members in compliance with Article 8 (Member Notification) when usage of Service is restricted or a contract is terminated. 6. Members may make an appeal in compliance with the procedures determined by the Company regarding the Limitations on Use as explained in the current Article. Article 20 (Limitations of Liability) 1. The company will not be responsible for any circumstances which result from acts of God, government or agency laws, carrier delays, failure of power, labor problems, act of war, terrorism, embargo, or natural disasters. 2. The Company will not be responsible for service defects resulting from imputable Members. 3. The Company will not be accountable for the accuracy or reliability of truth for references or information of the Service published by the Members. 4. The Company will not be responsible or liable for mediums of exchange between Members or between Members and 3rd Party Services as the Company will not be liable for any damages or losses incurred by such actions. 5. The Company will only be responsible or liable for the use of free Services under special circumstances according to the regulations of related laws or otherwise will not be responsible for the usage of free Services. 6. The Company will not be responsible or liable for any expected loss of revenues of the Members. The Company will also not be responsible or liable for any losses or damages incurred from the collection of data through the Services. 7. The Company will not be accountable for the accuracy or reliability of truth for references and information published on the Homepage by the Members. 8. The Company will not be responsible or liable for intermittent SMS issues resulting from instances such as wars, riots, loss of communications, and telecommunication server failures. 9. The Company will not be responsible or liable for disrupted services resulting from 3rd party (e.g.: telecommunications service provider, smartphone company, messaging company, and IDC) central server failures. 10. The Company will not be responsible or liable for intermittent Services resulting from natural disasters. 11. Members are not entitled to place responsibility or liability on the Company for poor installations, erroneous installations, camera or mechanical errors, and Company server failures. However, in cases of billing errors resulting from SMS and/or other paid services, Members may request a recharge for the expenditures to the supplier. 12. The Company will not be responsible or liable for the occurrences of data processing failures, unpredictable mechanical failures, unidentifiable failures, and temporary discontinuation of, or for Service upgrades, as such instances will be notified for each occurrences. 13. The Company will not be responsible or liable for irregular or malfunctioning Remote-Security alerts. 14. The Company will not be responsible or liable for alerts that were not received due erroneous installations and configurations. 15. The Company will not be responsible or liable for civil or criminal cases involving mental, proprietary, and personal damages or losses that result from territorial trespasses and intrusions as the Company is not a patrol service, nor a security guard company. Article 21 (Software Limitations of Liability) 2. The Company will not be accountable for the accuracy or reliability of truth for the contents of Software and Linked Services. 3. The Company will not be responsible or liable for any circumstances which results from unorthodox use of Services set aside from the Company's standards. 4. The Company does not guarantee whether if the functions of the Services meet the satisfaction requirement of the Members as the functions may result in temporary interruptions or errors. 5. The Company will not be responsible or liable for errors diagnostics, declined computer functions, computer malfunctions as the Members must assess the possibilities of such circumstances prior to utilizing the Company's Software. 6. The Company will not be responsible or liable for any errors or malfunctions occurring from compatibility issues between discrepant Software and Hardware upgrades and changes. 7. The Company will not be responsible or liable for the failure to obtain any gains or benefits and in result losses or damages through the usage of the Company's Services and Software. 8. The Company will not be responsible or liable for mediums of exchange between the Members or between Members and 3rd Party Software and/or Services as the Company will not be liable for any damages or losses incurred from such results. 9. The Company will only be responsible or liable for the usage of free Services under special circumstances according to the regulations of related laws or otherwise will not be responsible for the usage of free Services. Also, the Company will not be responsible or liable for any circumstances which results from unorthodox use of Services set aside from the Company's standards and instructions. Article 22 (Special Terms and Conditions for Paid Services) 1. Paid services are referred to as "Premium Services". 2. Paid services are restricted for usage when the validity period of the service term expires. 3. The Company may inform the Members in advance to notify impending expiration dates of validity periods. 4. Members must have a saved ID and Password in order to utilize the paid services. 5. The Company is entitled to periodically modify Member IDs and Passwords in order to prevent invasions of privacy through special management services. 6. Members may choose to not use the auto password changer Service. 7. Paid Services with validity periods may not be reimbursed by the Company to the Members for its remaining periods even if memberships are deleted prior to the expiration date of the purchased Services. 8. Members may not subscribe to monitor locations, which violate the invasion of privacy, or subscribe for paid services to utilize Image Storing Services at restricted locations. 9. The Company does not manage, supervise, or monitor subscribed Image Storage Services as the Company also does not implement censorships to avoid infringing video data of the Members. 10. The Company Services has been designed so that the employees of the Company may not view videos or monitoring of the Members through internal accessing. 11. However, the Company Services has been designed so that the Members may conveniently access and view their videos internally through a webpage or browser. 12. Members will be responsible or liable for any damages or losses resulting from violating the Privacy Policy or being found guilty of an invasion of privacy, in conjunction with Article 22 Section 9, as Members will be absolutely and legally responsible in compliance with the related laws, and civil and criminal procedures. 13. The Company provides a pre-paid Remote Assistance service to promote the convenience for Member usages. 14. Virtual Cyber Money (Points) are not reimbursable. 15. The Company will issue refunds or re-adjust miscalculated balance differences to the Members for paid services. Article 23 (Governing Law and Jurisdiction) 1. Lawsuits between the Company and Members are to be filed under the applicable laws in compliance with the Constitutional Laws of the Republic of Korea. 2. Litigation between the Company and Members shall be filed under the provisions of the Code of Civil Procedures.
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