D-Link Corporation and its family of companies (alternatively referred to herein as "D-Link", "we" or "us") intend to provide access to certain site, app and related services (collectively "Services") to a user (alternatively referred to as "you", "user" or "customer") subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein by reference. Please read this agreement carefully and refer to these terms and conditions ("Terms of Use") as necessary as you explore and make use of the Services. The Terms of Use provide the conditions upon which D-Link agrees to provide you access to the Services. If you disagree with any provision contained herein, or do not wish to accept these conditions, please do not use or intend to use the Services. By using the Services, you are agreeing to the Terms of Use.The D-Link website contains proprietary and confidential information of D-Link and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your D-Link network, or, if you are a D-Link Partner, your customers' networks. You also agree to be careful with this D-Link information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any D-Link confidential and proprietary information that you receive. Unless otherwise stated, any information you provide at the D-Link website shall be deemed to be non-confidential and D-Link will have no obligation to protect such information from disclosure or use and may use such information in any way it chooses.
You may be
assigned a D-Link account when you are registering to use the Services. You
shall promptly activate your D-Link account from the date it is assigned or
created, or D-Link may remove or disallow the account. Your D-Link account may
be consolidated in the event you are using multiple D-Link apps or services,
and we may migrate your information to the consolidated account. You may need
to provide certain required personal information and proceed with related
verifications, as may be required by the communication regulations and statutes
of different countries. You agree that you are at least 18 years old and/or you
are of legal age to enter a contract in your country. You agree to (i) provide
true, accurate, up to date and complete information about yourself, (ii)
complete additional verification of your personal information as may be
required and, (iii) maintain and promptly update your registration data to keep
it true, accurate, up to date and complete. D-Link has the right to contact you
directly to provide assistance should you encounter problems using our products
or Services. You acknowledge that accurate information is very important for us
to resolve your problems and improve our Services. You shall bear all responsibility
and liability that may arise from your failure to provide true, accurate, up to
date and complete information, and to maintain and promptly update such
information. If you provide any information that is, or we have reasonable
grounds to believe is, untrue, inaccurate, misleading, outdated or incomplete,
we may suspend or terminate your account or Services to you, or any portion
thereof.
If you use any
part of the Services that requires a login email or password, you shall be
responsible for maintaining the confidentiality of such email and password and
for restricting access to your computer, and you agree that you are solely
responsible for any liability or damages resulting from your failure to
maintain that confidentiality, and for all activities that occur under your
account or password. You agree to (i) immediately notify D-Link of any
unauthorized use of your account or password or any other breach of security,
and (ii) ensure that you exit from your account at the end of each session of Services.
D-Link reserves the right to take any action, as deemed necessary or
reasonable, to ensure the security of your account and the Services, including,
without limitation, suspending or terminating your account, changing your password,
or requesting additional information to authorize transactions on your account.
D-Link will not be liable for any loss or damage arising from your failure to
comply with this section.
We are devoted to
providing the best products and Services for customers. To allow us to provide them
with high quality and dependability, the firmware of your devices may be
upgraded automatically through the Internet without any advance notification.
As part of this process, we will use all reasonable efforts to minimize
disruptions to your use of and access to our Services to the greatest extent
possible. YOU HEREBY CONSENT TO AUTOMATIC SOFTWARE UPDATES OF THE SERVICES AND
OF THE PRODUCTS CONNECTED TO THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT IF YOU
DISABLE THE AUTOMATIC SOFTWARE UPGRADE FUNCTION, THE PERFORMANCE, SECURITY AND
AVAILABILITY OF CERTAIN FEATURES OF PRODUCTS AND SERVICES MAY BE IMPACTED. To
the greatest extent permitted by governing law, D-Link may, solely at its
discretion and without notice, modify, add, or remove features, services and
functionality of the products or Services. D-Link is under no obligation to
provide any or all features, services and functionality for the products or Services
and may, at its sole discretion, discontinue the provision of software updates
to certain products or Services.
(i) Lawful purposes only. You may use our Services and your device only for purposes and in ways that are lawful, proper and appropriate.
(ii) Monitoring. We may monitor the use of our Services for violations of the Terms of Use. We may remove or block all communications if we suspect any violation, or if we think it necessary in order to protect our Services, or D-Link, its parent, affiliates, directors, officers, agents, and employees from harm.
(iii) Providing information to the authorities and third parties. If we believe that you have used our services or your device for an unlawful purpose, we may forward the relevant communications and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, the type of service, length of service, MAC address, IP address, email address, and all other account information, as follows:
1. in response to
law enforcement or other governmental agency requests;
2. as required by law, regulation, rule, subpoena, search warrant, or court
order;
3. as necessary to identify, contact, or bring legal action against someone who
may be misusing the Services, the device, or both;
4. to protect D-Link's rights and property; or
5. in emergency situations where disclosure of such information is necessary to
protect D-Link customers or third parties from imminent harm.
(iv) Notifications. Notifications and alerts from the Services, and your D-Link products are for informational purposes only and you agree that you will not rely on the Services for critical or life safety matters. Remote access and notifications are not 100% available or reliable. D-Link does not guarantee your receipt of notifications in any given time frame or at all.
(v)
Accessibility. D-Link strives for the Services and other supporting
applications to be reliable, accessible and available, however they are not
intended to be reliable or available 100% of the time. The Services and
supporting applications are subject to failures, interruptions and outages
beyond D-Link’s control. These may include, but are not limited to electrical
outages, Wi-Fi intermittency, and service provider and mobile carrier
interruptions. You acknowledge these limitations and agree that D-Link is not
responsible for any damages allegedly caused by the failure or delay of the Services
and other supporting applications.
Certain plug-in may be required for you to experience live video from your cameras using the Services. The software supports Internet Explorer, Firefox, Chrome and Safari on OS X.
Uninstall instructions:
Cookies and other browser storage may remain on user’s computer after the plug-in is uninstalled which can be removed using normal browser processes.
MSI
The application can be removed via “Add/Remove Programs” / “Programs and Features”.
CRX
The application can be removed via the Chrome Extensions page.
DMG
Open another Finder, go to your Hard Disk, Library, Internet Plug-ins. Remove npUplayer.x.plugin, where x is the plugin version.
The Services may contain proprietary and confidential information of D-Link and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information. You agree to keep this information confidential and to use the information solely for the purpose of using the Services in accordance with the Terms of Use, and maintaining and supporting your D-Link product. You also agree to be careful with such information and to only disclose it within your company to employees on a need to know basis who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by the Terms of Use. You will not alter, decompile, disassemble, reverse engineer, or modify any D-Link confidential and proprietary information that you receive. Unless otherwise stated, any information you provide when using the Services shall be deemed to be non-confidential and D-Link shall have no obligation to protect such information from disclosure or use and may use such information in any way in accordance with the law.
D-Link authorizes you to copy materials published by D-Link from the Services solely for non-commercial use in support of D-Link products and the Services. Should you make any copies of these materials, you shall retain all copyright and other proprietary notices in the same form and manner as on the original. Any software that you download is governed by the license terms accompanying the software or as otherwise specified.
Content, materials, logos, service marks and trademarks from the Services are the intellectual property of D-Link and are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Except as otherwise expressly provided herein, D-Link grants no express or implied right under any patents, copyrights, trademarks, or other intellectual property rights in the Services or D-Link products. Infringement by you may result in civil or criminal prosecution.
The information from the services and the services itself are provided "as is" and “as available.” We make no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness of the services or products for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the services or products will (i) be without failure, delay, interruption, error, degradation of voice or image quality, or partiral or complete loss of content, data, stored video, images or clips, or information; (ii) meet your requirements; or (iii) work with your home network, computer or mobile device;
D-link will not be liable for loss or damage caused by (i) distribution of intercepted recorded images or video and placement of them in any newspaper, magazine, handbill or other publication or dissemination by electronic means; or, (ii) any derivational issues or actions arising from dissemination of recorded images from a product;
you hereby acknowledge some of d-link products and the services may not be encrypted and that information may be intercepted during transmission and that d-link cannot and does not guarantee that the use of the services or products is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information.
Neither d-link nor its officers, directors, employees, affiliates, suppliers or agents, or any other service provider or vendor who furnishes the services, devices, or products to the customer for us will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, your data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of d-link's or its service providers' or vendors' negligence.
Statements and descriptions concerning our services or device, if any, by d-link or d-link's agents or suppliers are informational and are not given as a warranty of any kind. Not all products, rates or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Although d-link attempts to provide accurate information regarding the services, d-link assumes no responsibility for the accuracy of the information. D-link may change the programs or products mentioned at any time without notice. Mention of non-d-link products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Our services and d-link products are not designed, intended or authorized (1) for use in any medical, life saving or life sustaining systems, or for any other application in which the failure of the product could create a situation where personal injury or death may occur; or (2) for protection of personal property. Your using d-link products in such environments does so at your own risk. You shall indemnify and hold d-link and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and attorney fees arising out of, directly or indirectly, any claim of property damage, product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that d-link was negligent regarding the design or manufacture of the product or part thereof.
In no event shall d-link, its officers, directors, affiliates, employees, licensors or network service providers be liable for any damages whatsoever, including any direct, indirect, incidental, special, consequential or exemplary damages, claims, or costs, such as but not limited to loss of goodwill, profit or data or business interruption, arising out of or related to the terms of use or the transactions contemplated hereunder, including the use of or inability to use the services or products, loss of content, the inability to access emergency service personnel through the emergency dialing service or to obtain emergency help, and unauthorized access to or alteration of your transmissions or data, even if d-link has been advised of the possibility thereof. Due to the continual development of new techniques for intruding upon and attacking networks, as well as capturing ingoing and outgoing data, d-link does not warrant that the product, software or services, or any equipment, system or network on which the product, software or services are used will be free of vulnerability to intrusion, attack or capturing of data, including but not limited to your personal information.
Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the limitations set forth in this section may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction. These limitations apply to the maximum extent permitted by law.
D-Link welcomes your comments and feedback regarding our products and Services. With respect to all information and materials communicated by you regarding the Services, including but not limited to comments, feedback, ideas, questions, designs, suggestions, data, graphics, text, software, or other information or materials ("Contributions"). For avoidance of doubt, Contributions herein shall not be confused with content as stated in section 18. You acknowledge and agree that: (i) you are responsible for all your Contributions, in any manner, to our Services, and that you have all rights necessary to do so; (ii) your Contributions do not contain confidential or proprietary information; (iii) D-Link is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iv) D-Link shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (v) D-Link may have something similar to the Contributions already under consideration or in development; (vi) your Contributions automatically become the property of D-Link without any obligation of D-Link to you; and (vii) you are not entitled to any compensation or reimbursement of any kind from D-Link under any circumstances.
You represent and warrant that you are of legal age and possess the legal rights and ability to enter into and accept the Terms of Use and to comply with its terms. You have read and understand fully the Terms of Use. You will use the Services and products for lawful purposes only in accordance with the Terms of Use and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the Services and products. Without limiting to other remedies, we may limit, suspend, or terminate our Services and user accounts, prohibit access to our web site, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that users are creating issues or possible legal liabilities, or are acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You acknowledge and understand that any personal information or data, including but not limited to, e-mail address, IP addresses of the registered devices, video recordings, snapshots, within these cancelled accounts may not be recovered. You acknowledge that d-link will not provide insurance for losses associated with your use of our services or products. It is your responsibility to provide insurance to protect against any risk of loss at your premises, if you so desire. In the event of any loss, damage or injury, you will not look to d-link to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against d-link arising as a result of the payment of any claim for loss, damage or injury.
You further acknowledge and agree that d-link’s services and products do not eliminate occurrences of certain events, including, but not limited to, fires, floods, crimes and medical emergencies. D-link makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that d-link products and services provided will detect or avert such incidents or their consequences. D-link does not undertake any risk that you or your property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with you.
D-Link has a privacy policy that describes how we collect and use personal information of customers and web visitors ("Privacy Policy"). We encourage you to carefully review the Privacy Policy before providing any personal information using the Services.
The Services and products use, in whole or in part, the public Internet and third party networks to transmit voice and other communications. D-Link is not liable for any lack of privacy that you may experience from using our Services. Please refer to our Privacy Policy for additional information.
D-Link may provide links to other sites that we think may be relevant and interesting to users ("Third Party Links"). D-Link is not responsible for the content from Third Party Links and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Third Party Links may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.
Some of the components used by D-Link Services are subject to the GNU General Public License ("GPL") or other open source licenses. The Terms of Use do not restrict your right to use, modify and distribute these open source components that is subject to the terms of GPL or other open source licenses.
You agree that functions of Services may not work if our products are carried outside the regions where the products are targeted at, or you intend to access Services outside the regions where our products are targeted at. The same applies to the performance and quality of the Services. D-Link is not liable to any damage or loss caused by you accessing Services or using products outside the regions where the products are targeted at.
You will indemnify and hold harmless D-Link and its officers, directors, affiliates, employees and licensors, and any other service provider who furnishes Services to you for us, from and against any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney fees): (i) made by any third party due to or arising out of your breach of the Terms of Use, or your violation of any law or the rights of a third party, and (ii) incurred by, or on behalf of, you or any third party or user of our Services, relating to our Services, including, without limitation, emergency dialing, or your device, or use of our Services by you or others using your account (whether or not such usage is expressly authorized by you). D-Link reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify D-Link and you agree to cooperate with our defense of such claims. You agree not to settle any claim without D-Link’s prior written consent.
Notwithstanding the foregoing, D-Link shall not be responsible for any infringement related to or resulting from, either direct or indirect, use of the Services, the products, or otherwise.
You waive all claims or causes of action arising from or relating to our emergency dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
D-Link makes no claim of ownership of content such as photographs, video, messages, information or materials you submit or make available for or through the Services. However, you grant D-Link worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license(s) to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such content solely for the purpose of providing you the Services, as permitted by the Services and under the Terms of Use. You grant D-Link the irrevocable right to maintain a copy of such content (including all related intellectual property rights) for all legitimate business reasons and also archival and legal purposes. You agree that use by you of a third-party platform may require you to grant permission for it to access your content in order for the platform to work. Your agreement with the platform provider will control how the platform can use, store, and transfer that content.
You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using the Services or products. You promise that you and anyone who uses the Services and all your and their content will comply at all times with all laws, regulations, and written and electronic terms and conditions for using the Services and products. In addition, you shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You are responsible for all your activities in connection with the Services. We have the right to remove any content at any time that we believe is illegal, inappropriate, in violation of the terms in this section.
D-Link shall not be liable for any failure or delay in the performance of obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, shortage of labor or materials, or any other cause which is beyond our reasonable control.
Furthermore, D-Link shall not be liable for the following service outages should they, or any of them, cause the loss of Services: (i) Power failure or disruption. If there is an interruption in the power supply, Services will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure your device prior to utilizing the Services. (ii) Internet outage or suspension or termination of your broadband service or ISP service. (iii) Your ISP or broadband provider's blocking of ports or other acts. (iv) Maintenance by your ISP, broadband provider or D-Link.
Claims related to or arising under the Terms of Use shall be governed by the laws of Taiwan, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Please note that your use of the Services or products may be subject to other local, state, national, and international laws. You hereby agree to submit to exclusive jurisdiction of Taiwan Shihlin District Court for any claim or dispute arising out of or related to the Terms of Use, including claims related to the Services and products, and you further agree and expressly consent to the exercise of personal jurisdiction in Taiwan Shihlin District Court in connection with any such dispute, including any claim involving D-Link or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.You acknowledge and agree that by accepting these terms, you and d-link are each waiving the right to trial by jury or to participate in a class action lawsuit.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect. Headings are for reference purposes only and do not limit the scope or extent of such section.
The Terms of Use, including any future modifications, and the rates for Services found on D-Link sites, constitute the entire agreement between you and D-Link with respect to the subject matter hereof. The Terms of Use govern your use of the Services by the members of your household and your guests and employees, and shall supersede all prior or contemporaneous statements, understandings, writings, commitments, representations and agreements between you and D-Link concerning this subject matter.
We may amend the Terms of Use at any time by posting the amended terms on our site. Your continued use of the Services or products shall constitute your acceptance of such revised terms and conditions. When we change the Terms of Use in a material way, a notice may be posted on our site along with the updated version prior to the change becoming effective.
The provisions of the Terms of Use that by their sense and context are intended to survive the termination or expiration of the Terms of Use shall so survive.
We reserve the right to suspend or discontinue Services generally, or to disconnect Services to you, at any time. In addition, we reserve the right to immediately disconnect Services to you at any time without notice on the following terms: (i) If we suspect that you have used the Services or products for an unlawful or inappropriate purpose, or if we determine that your use or content does not conform to the requirements in accordance with the Terms of Use or that it interferes with our ability to provide Services to you or others. (ii) If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges. (iii) If we determine that you have used the Services or products in violation of any applicable local, state, national, and/or international laws and regulations. (iv) If we determine that you have been misusing any service/functionality provided by us, and thereby impairing our Services, server, software or their performance. You agree that D-Link shall in no way be liable to you for any loss or damage that may result from discontinuance, cancellation or termination of Services or your account.
Any right or obligation under the Terms of Use may not be assigned or otherwise transferred by you without D-Link’s prior written consent, but are binding upon any permitted assignee. The Terms of Use may be assigned by D-Link without restriction.
If you are not a party to the Terms of Use, you shall not be entitled of any remedy, claim, liability, reimbursement, or cause of action. The Terms of Use does in no way create any third party beneficiary rights.