UGuardU is a division of Technocom, Inc. (“UGuardU” or “we”) and operates the UGuardU.com and YouGuardYou.com websites, which is an online video storage and video surveillance website for its customers. The site is a working service that allows Customers to view and store video footage from an authorized video camera for security and information purposes for that Customer. The services offered by Technocom, Inc. includes any UGuardU or YouGuardYou-branded URL (the Websites), the UGuardU LiveView service, the UGuardU authorized dealer service, UGuardU mobile device services, the UGuardU installations services and the UGuardU storage services and any other features, content, or applications offered from time to time by UGuardU in connection with Technocom, Inc’s business practices (collectively, the "UGuardU Services"). The UGuardU Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the UGuardU Services. By using the UGuardU Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the UGuardU Website, including through a mobile device, or otherwise use the UGuardU Services without being registered) or you are a "Customer" (which means that you have registered with UGuardU). The term "User" refers to a Visitor or a Customer. You are only authorized to use the UGuardU Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the UGuardU Website and stop using the UGuardU Services immediately. If you wish to become a Customer, and make use of the UGuardU Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes UGuardU's policy for acceptable use of the UGuardU Services and Content (as defined in Section 6.1 below) including your use and rights on the site or through the various UGuardU Services. In order to participate in certain UGuardU Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from UGuardU. Unless otherwise provided by the additional terms and conditions applicable to the UGuardU Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: agreement @UGuardU.com, Subject: Terms of Use Agreement.
UGuardU may modify this Agreement from time to time and such modification shall be effective upon posting by Technocom, Inc on the UGuardU Website. Your continued use of the UGuardU Services after Technocom, Inc. revises this Agreement signifies your acceptance of the revised Agreement. It’s therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the video information you post or store through UGuardU Services and any access that you provide to other Users. Please note that as a Customer you may never use another’s UGuardU account without permission. Your UGuardU storage is for your personal safety and security reasons only. This site is not to be used for any video storage of any form of Prohibited Content, as outlined in Section 8 below or for distribution of such content. Despite this prohibition, information, materials, products or services provided by other UGuardU Customers may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Technocom, Inc., assumes no responsibility or liability for this material. If you become aware of misuse of the UGuardU Services by any person, please click on the "Contact UGuardU” or the “Report Abuse” link from the Contact page of the UGuardU Website pages.
UGuardU reserves the right, in its sole discretion, to reject, refuse access, including to any stored data or remove of any such video storage on the site by you, or to deny, restrict, suspend, or terminate your access to all or any part of the UGuardU Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. UGuardU expressly reserves the right to remove your account and/or deny, restrict, suspend, or terminate your access to all or any part of the UGuardU Services if UGuardU determines, in its sole discretion that you have violated this Agreement or pose a threat to UGuardU and Technocom, Inc and/or its Users.
1. Eligibility. Use of the UGuardU Services and registration to be a Customer for the UGuardU Services (“Access”) is void where prohibited. By using the UGuardU Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the UGuardU Services does not violate any applicable law or regulation. Your account may be deleted and your access may be terminated without warning, if we believe that you are less than 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the UGuardU Services or are a Customer. You may terminate your access at any time, for any reason, with the understanding that only refunds will be provided from 30 days following your termination. You must go to follow the instructions on the Customer's Account Settings page in order to terminate. UGuardU may terminate your access at any time, for any or no reason, with or without prior notice or explanation, and without liability or refund. Even after access is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that UGuardU will charge for services provided by the site and has the option to change any portion of the UGuardU Services and to change its fees (if any) from time to time in its discretion. If UGuardU terminates your Access because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Customer, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Customer at any time or to disclose your password to any third party for which you won’t take full responsibility for. You also agree to notify UGuardU immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Customers. The UGuardU Services are for the personal use of Customers and any direct commercial endeavors may only be used if they are specifically endorsed or authorized by UGuardU. UGuardU does allow its Customers the ability to provide full rights and access to stored information that was obtained through its site through the Customers account to any federal, state or county legal official or agents upon notification to UGuardU.
UGuardU does reserve the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the UGuardU Services, including efforts to collect usernames, user id numbers, password and/or email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of, or linking to the UGuardU Website, or employing third party promotional sites or software to promote accounts for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Customer account and accounts without notice or explanation and may result in termination of Access privileges. UGuardU reserves the right to take appropriate legal action for any illegal or unauthorized use of the UGuardU Services.
6. Proprietary Rights in Content on UGuardU.
6.1 UGuardU does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post or store through the UGuardU Services. After storing your Content to the UGuardU Services, you continue to retain any such rights that you may have in your Content and Video subject to the limited license herein. By displaying, transferring or publishing ("posting") any Content or Video on or through the UGuardU Services, you hereby grant to UGuardU and Technocom, Inc. a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the UGuardU Services, including without limitation distributing part or all of the UGuardU Website in any media formats and through any media channels. This limited license does not grant UGuardU the right to sell or otherwise distribute your Content outside of the UGuardU Services. Yet, it does allow UGuardU the ability to publicize any successful criminal apprehension, security breach or safety condition that the Customer has. After you remove your access from the UGuardU Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after you or UGuardU have distributed your Content outside the UGuardU Website you be required to notify UGuardU and Technocom, Inc. to cease distribution of such Content or Video outside the UGuardU Website as soon as practicable after you make the notification.
6.2 The license you grant to UGuardU is non-exclusive (meaning you are free to license your Content and Video to anyone else in addition to UGuardU), fully-paid and royalty-free (meaning that UGuardU is not required to pay you for the use on the UGuardU Services of the Content and Video that you store), sublicensable (so that UGuardU is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the UGuardU Services), and worldwide (because the Internet and the UGuardU Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content placed and stored through the UGuardU Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content and Video on or through the UGuardU Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any video storage by you on or through the UGuardU Services.
6.4 The UGuardU Services contain Content of UGuardU ("UGuardU Content"). UGuardU Content is protected by pending copyright, trademark, patent, trade secret and other laws, and UGuardU owns and retains all rights in the UGuardU Content and the UGuardU Services. UGuardU hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the UGuardU Content (excluding any software code) solely for your personal use in connection with viewing the UGuardU Website and using the UGuardU Services.
6.5 The UGuardU Services contain Content of Users and other UGuardU licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or Video appearing on or through the UGuardU Services.
6.6 UGuardU performs technical functions necessary to offer the UGuardU Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the UGuardU Services.
7. Content Posted or Stored.
7.1 UGuardU may reject, refuse to store, and delete any Content and Video for any or no reason, including Content and Video that in the sole judgment of UGuardU violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. It’s assumed that the only Content and Video posted and stored would be Content and Video for the sole purpose of monitoring the personal safety and protection of the Customer or his/her assets. UGuardU assumes no responsibility for monitoring the UGuardU Services for inappropriate content, video or conduct. If at any time UGuardU chooses, in its sole discretion, to monitor the UGuardU Services of a Customer, UGuardU nonetheless continues to assume no responsibility for the Content and Video being reviewed, and is under no obligation to modify or remove any inappropriate Content or Video, and no responsibility for the conduct of the User submitting any such content or video.
7.2 You are solely responsible for the Content and Video that you post and store through any of the UGuardU Services, and any material or information that you transmit to other Customers or outside parties’ and other users.
8. Content/Activity Prohibited. The following are examples of the kind of Content and Video that is illegal or prohibited to store for no purpose or only for safe keeping on or through the UGuardU Services. UGuardU reserves the right to investigate and take appropriate legal action against anyone who, in UGuardU's sole discretion, violates this provision, including without limitation, removing the offending Content and Video from the UGuardU Services and terminating the Access of such violators. Prohibited Content includes, but is not limited to, Content and Video that, in the sole discretion of UGuardU is consider by UGuardU to be prohibited for storage. UGuardU assumes that any Content or Video that was taken and stored by a Customer and the Customer is aware that such Content and Video involves any of prohibited content mentioned below, that it would be the intent of the Customer to share such Content and Video with legal authorities and UGuardU, immediately.
8.1 patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from UGuardU such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other accounts, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the account; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the UGuardU Website and through your use of the UGuardU Services. UGuardU reserves the right to investigate and take appropriate legal action against anyone who, in UGuardU's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any User or Customer to buy or sell any products or services through the unauthorized or impermissible use of the UGuardU Services. You may not transmit any chain letters or junk email to other Customers or use the UGuardU name in such activities. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the UGuardU Services, you acknowledge that you will have caused substantial harm to UGuardU, but that the amount of such harm would be extremely difficult to ascertain.
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the UGuardU Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal account page, or any UGuardU page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to provide access to friends or others.
8.23 interfering with, disrupting, or creating an undue burden on the UGuardU Services or the networks or services connected to the UGuardU Services;
8.24 impersonating or attempting to impersonate another Customer, person or entity;
8.25 for band, comedy, filmmaker and other accounts containing or stored in a UGuardU server, copying the code for your UGuardU server and embedding it (or directing others to embed it) anywhere other than your account on UGuardU;
8.26 using the account, username, or password of another Customer at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your stored data;
8.28 using any information obtained from the UGuardU Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your account, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the UGuardU Services on behalf of that person, such as placing commercial content, posting video blogs or bulletins with a commercial purpose, selecting a video with a commercial; or
8.30 using the UGuardU Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. UGuardU respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. UGuardU has the right to terminate the Access of infringers.
If you believe your work has been copied, posted and stored on or through the UGuardU Services in a way that constitutes copyright infringement, please send UGuardU and Technocom, Inc., a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the UGuardU Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. UGuardU's and Technocom, Inc.’s Customer Service for notification of claimed infringement can be reached as follows: Customer Service Agent, UGuardU, C/O Technocom, Inc. 7929 Burns Way, Suite F Wilsonville, Oregon 97070 Facsimile: (503) 682-2781; Phone: (503) 682-4195; Attn: Copyright Agent.
10. Other Party Disputes. You are solely responsible for your interactions with other parties. UGuardU reserves the right, but has no obligation, to become involved in any way with disputes between you and other parties.
11. Privacy. Use of the UGuardU Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. UGuardU is not responsible for and makes no warranties, express or implied, as to the User Content and Video or the accuracy and reliability of the User Content and Video posted and stored on or through the UGuardU Services, whether produced by Users of the UGuardU Services or by any of the equipment or programming associated with or utilized in the UGuardU Services and such User Content does not necessarily reflect the opinions or policies of UGuardU. Accounts and third party applications created and posted by Customers on the UGuardU Website may contain links to other websites. UGuardU is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by UGuardU. Inclusion of any linked website on the UGuardU Services does not imply approval or endorsement of the linked website by UGuardU. When you access these third party sites, you do so at your own risk. UGuardU or Technocom, Inc takes no responsibility for third party advertisements or third party applications that are posted on or through the UGuardU Services, nor does it take any responsibility for the goods or services provided by its advertisers. UGuardU and Technocom, Inc. is not responsible for the conduct, whether online or offline, of any User of the UGuardU Services. UGuardU and Technocom, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Customer communication. UGuardU and Technocom, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, camera systems, power failures or failure of any transmission due to technical problems or traffic congestion on the Internet or on any of the UGuardU Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading and storage of materials in connection with the UGuardU Services. Under no circumstances shall UGuardU and Technocom, Inc be responsible for any loss or damage, including personal injury or death, resulting from use of the UGuardU Services, attendance at a UGuardU event, from any User Content posted on or through the UGuardU Services, or from the conduct of any Users of the UGuardU Services, whether online or offline. The UGuardU Services are provided "AS-IS" and as available and UGuardU expressly disclaims any warranty of fitness for a particular purpose or non-infringement. UGuardU cannot guarantee and does not promise any specific results from use of the UGuardU Services.
Service Disruptions. It’s important for the customer to be aware that this technology is internet based, meaning that all video transmissions run through the internet network. As a result, any sort of internet disruption can and most likely will cause some sort of service and video disruption. It’s important for the customer of this service, to understand that UGuardU and Technocom, Inc. doesn’t control the internet and can’t be held liable for any service issues associated with problems, system crashes or download speeds from the internet itself or due to any computer equipment attached to such network. Internet interruptions could occur during anytime and in some cases affect your stored video content.
13. Limitation on Liability. IN NO EVENT SHALL UGUARDU AND TECHNOCOM, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST OF STORAGE VIDEO AND ANY PROFIT DAMAGES ARISING FROM YOUR USE OF THE UGUARDU SERVICES, EVEN IF UGUARDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UGUARDU and TECHNOCOM, INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UGUARDU AND TECHNOCOM, INC. FOR THE UGUARDU SERVICES DURING THE TERM OF ACCESS. You need to understand that court rulings have thrown out various legal evidence collected from video surveillance systems for a number of reasons, and even though your information is encrypted and Technocom, Inc. follows a chain of storage custody, UGuard and Technocom, Inc. can’t guarantee that any evidence or video collected through the UGuardU system will become valid evidence in any sort of court proceeding.
14. U.S. Export Controls. Software available in connection with the UGuardU Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the UGuardU Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of law provisions. You and UGuardU and Technocom, Inc. agree to submit to the exclusive jurisdiction of the courts located within the State of Oregon to resolve any dispute arising out of the Agreement or the UGuardU Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold UGuardU and Technocom, Inc. its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the UGuardU Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the UGuardU Services causes UGuardU to be liable to another.
17. Other. This Agreement is accepted upon your use of the UGuardU Website or any of the UGuardU Services and is further affirmed by you becoming a Customer. This Agreement constitutes the entire agreement between you and UGuardU and Technocom, Inc. regarding the use of the UGuardU Services. The failure of UGuardU to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. UGuardU is a trademark of Technocom, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Last modified: April 3, 2009
