Altia Systems, Inc. (“Altia”) owns and operates a website located at www.panacast.com (the “Site”) that, along with a software application for mobile device and PC platforms (each, an “App”), and a camera that permits streaming of panoramic video (the “Camera”) enables a variety of innovative features for live video content (the Site and App, together with any other products and services provided by Altia, are collectively referred to as the “Services”). We are pleased to offer you access to the Services conditioned on your acceptance without modification of the following Terms of Service (the “Terms”).
1. Our Services.
1.1 These Terms govern your use of our Services, including, our Site, the App, and the Camera. When you access our Site, you can learn about our products and services, and submit questions and comments to us through panacast.net/about.
1.2 The Camera and the App work together. A user of our Services who purchase the Camera can configure the Camera via the web portal. When you configure your Camera, you will be able to change the Personal Identification Number (“PIN”), assign a name to the Camera, and select your preferred security configuration. You can provide the PIN to third parties whom you authorize to access video that you stream over the Internet using the Camera.
1.3 A user of our Services who downloads the App, can access authorized video streams by entering the applicable PIN. When you enter the PIN, that information is sent over the Internet to servers maintained by Altia where we authenticate the number you provided to locate the address of the Camera and video stream you have been authorized to view. The streaming video is then sent directly to your device over the Internet. Once a video session has started, we have no control over or access to the video stream. While watching a video, you will be able to pan through the video image and zoom into portions of the video, at your election.
2. Eligibility; Information and PIN; Services Access.
2.1 You affirm that you are of legal age or that you are a parent or guardian of legal age agreeing to these terms on behalf of your child and that you are otherwise fully able and competent to enter into these Terms and to abide by and comply with these Terms. You represent that you are not (or your child on whose behalf you are agreeing to these terms is not) under 13 years of age.
2.2 You agree that the information you provide to Altia at all times will be true, accurate, current, and complete. To use the Services, you may be asked to enter the PIN that has been provided to you. You are solely responsible for maintaining the confidentiality of your Camera portal, PIN, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your device or with your Camera.
2.3 Altia currently makes the Services available over the Internet. You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible web browser), and services for you to effectively access the Services. You are responsible for upgrading and configuring your internal systems (e.g. network settings, Internet routing, firewalls, and web browsers) to be and remain compatible with and optimize the performance of the Services.
2.3 Subject to your ongoing compliance with the Terms, including any and all applicable restrictions, requirements, and prohibitions, Altia grants you permission to access and use the Services as set forth in the Terms, and consistent with the intended features of the Services.
4. Prohibited Conduct. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU WILL NOT: (a) Stream or otherwise make available copyrighted material that is not your own or that you do not have the legal right to distribute, display and otherwise make available to others; (b) Harass, threaten, or defraud other Services users; (c) Stream or otherwise make available content that is threatening, embarrassing, hateful, racially or ethnically insulting, defamatory, pornographic, violates the intellectual property rights, privacy rights or other legal rights of third parties or is otherwise inappropriate; (d) Impersonate another person or access another user’s PIN or Camera without that person’s permission; (e) Share Altia– issued passwords or PINs with any third party or encourage any other user to do so (except when providing PINs to third parties you authorize to access your Streaming Content (as defined in Section 5.1)); (f) Misrepresent the source, identity, or content of information transmitted in connection with your use of the Services; (g) Use the Services for any unlawful purpose or in violation of any applicable law or regulation; (h) Upload material that is damaging to computer systems or data of Altia or other users of the Services (e.g. a virus, Trojan horse, or other malicious code); or (i) Use the Services to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice.
5. Streaming Content.
5.1 General. For users of the Camera, the Services provide certain features which may enable you to share video, by streaming such video live over the Internet (“Streaming Content”). You understand that all Streaming Content is the sole responsibility of the person from whom such content originated. This means that you, and not Altia, are entirely responsible for all content that you stream or otherwise make available through the Internet. You acknowledge that Altia does not pre-screen or approve Streaming Content and that Altia makes no representations and has no liability with respect to the content or availability of any Streaming Content. Although Altia has no obligation to do so, Altia reserves the right, in its sole discretion, to block or remove Streaming Content and refuse access to any Streaming Content through the Services, if, for example, it deems such content to be in violation of these terms.
5.2 Inaccurate or Offensive Streaming Content. As a user of the App, you understand that when using the Services, you may be exposed to Streaming Content from a variety of sources and that Altia does not endorse and is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to such Streaming Content. You further understand and acknowledge that you may be exposed to Streaming Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ALTIA WITH RESPECT THERETO.
5.3 You may not stream, upload, post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Altia may deny access to the Services to any user who is alleged to infringe another party’s copyrights. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide Altia’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing was viewed (including the identity of the person displaying such material); (iv) your address, telephone number, and email address; (v) a written statement by you thatyou have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information
6. Feedback. If you provide Altia with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Services (“Feedback”), Altia shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Services, without notice or compensation to you. You hereby grant Altia a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
7. Location-based Services. The Services may provide features that enable Altia to tailor your experience based on your location (“Location-based Services”). For example, Altia may utilize your device’s Internet Protocol (“IP”) address to ensure that content is delivered to you, or bandwidth information to improve the speed and quality of your Streaming Content. In order to use Location-based Services, you must allow Altia access to your localized position, which Altia may access through a variety of means, including, if available, GPS, IP address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable Location-based Services, you will not be able to utilize certain features of the Services. By authorizing Altia to access your location, you agree and acknowledge that: (i) Altia may collect device data from you in connection with the Services and your use of the App, and
(ii) Altia may provide Location-based Services related to your then-current location for the duration of your session. You acknowledge and agree that Altia does not guarantee the accuracy of any location information, and your use of any Location-based Services is at your sole risk.
8. Maintenance and Support. From time to time, Altia may need to perform maintenance on or upgrade the Services or the underlying infrastructure that enables you to use the Services. This may require Altia to temporarily suspend or limit your use of some or all of the Services until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Services.
9. Service Availability. Altia cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications, including but not limited to: your local network, firewall, your Internet service provider, the public Internet, the public switched telephone network and your power supply. Altia takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
10. Altia App Usage.
10.1 Limited License. The App is licensed, not sold or otherwise transferred, to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Altia hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App in object code format, solely for your personal use, on only one iOS device that you own or control. You may not use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
10.4 Notice Regarding Apple: You acknowledge that the Terms are between you and Altia only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. This license is subject to, but not expanded by, the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions.
10.5 Open Source. The App contains the following open source code, not owned by Altia Systems FFmpeg under LGPLv2.1. Please refer to http://www.ffmpeg.org
11. Modification of the Terms. Altia reserves the right to update, modify, add, or remove portions of the Terms at any time without prior notice. We encourage you to review the Terms periodically for changes. The Terms will identify the date of last update. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Services with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified terms on the Altia Site; provided however, that disputes arising hereunder will be resolved in accordance with the Terms in place at the time the dispute arose.
12. Prohibited Uses. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. The Services may contain robot exclusion headers or other systems designed to restrict or regulate access to the Services. You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
13. Fees and Payment.
13.1 Altia Fees. You agree that Altia may charge to your credit card or other payment mechanism selected by you and approved by Altia (“Your Account”) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with your Account. Altia may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Altia will provide you with prior notice and an opportunity to terminate your Account if Altia changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Altia is unable to collect the fees owed to Altia for the Services through your Account, Altia may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Altia in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Altia may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
13.2 Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Services, including without limitation fees charged by your mobile service provider or Internet provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.
14.1 By Altia. You agree that Altia, in its sole discretion and at any time can stop providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Services you may have or portion thereof may be effected without prior notice, and you agree that Altia will not be liable to you or any third party for any such termination. Without limiting the generality of the foregoing, Altia does not permit copyright infringing activities on the Services and reserves the right to terminate access to the Services and remove or block all content submitted by any persons who are found to be repeat infringers. Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Altia may have at law or in equity.
14.2 By You. You may terminate your right to use the Services at any time by discontinuing all use of the Services, including any and all Apps, and by deleting the App from your device. If you have signed up for a Service for a subscription period which requires the periodic payment of fees to Altia, in order to terminate the Service you must send a termination notice to [email protected] at least thirty (30) days prior to the end of your subscription period and your termination rights will not be effective until the subscription period has expired.
14.3 Survival. Sections 3, 5, 6, and 12 through 23 will survive any termination of the Terms.
15. Ownership; Proprietary Rights. The Services are owned and operated by Altia. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, hardware, services, and all other elements of the Services, including the App, (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, and all other relevant intellectual property and proprietary rights, and applicable laws. “Materials” do not include any Streaming Content or other content originated by you or other users. All Materials contained on the Services are the property of Altia or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Altia or its affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Altia reserves all rights not expressly granted in the Terms.
16. Third Party Sites, Products and Services.
16.1 The Services may include links to other websites or services, solely as a convenience to users (“Linked Sites”). Altia does not endorse any Streaming Content or Linked Sites or the information, material, products or services contained on other linked sites or accessible through Streaming Content or Linked Sites. Altia makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
16.2 Your correspondence or business or other dealings with other users of the Services, or other third party service providers encountered on or through the Services, including payment and delivery of goods and services, is solely between you and such third party. YOU AGREE THAT ALTIA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SERVICES.
16.3 If you have a dispute with another user of the Services, or the provider of any Linked Site, or any other third party arising in connection with your use of the App or the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another state with any similar statute or regulation, you waive the protection of such statute or regulation.
17. Notice. Except as explicitly stated otherwise, legal notices will be served on Altia at Altia Systems, Inc., 10020 N. De Anza Blvd., Suite 200, Cupertino, CA 95014. Legal notices will be served on you at either the email or physical address you provide to Altia or through notifications served to you through the Services. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
18. Disclaimers; No Warranties. THE SERVICES, INCLUDING THE APP, AND ANY DATA, CONTENT, OR INFORMATION MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, ALTIA AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON- INFRINGEMENT. ALTIA DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION STREAMING CONTENT OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ALTIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE APPS OR SERVICES, EVEN IF ALTIA OR AN ALTIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALTIA’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE APPS OR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
20. Indemnification. You agree to indemnify, defend, and hold Altia, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Apps or Services, your communications, transactions, or dealings with third parties initiated through the Services, your violation of the Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in the Terms. Altia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Altia, and you agree to cooperate with our defense of these claims. Altia will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
21. Export Control. You may not use or otherwise export or re-export the App or any software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App or Services software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by
United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
22. Government Users. The App and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
23. Use of Your Name and Logo. If You are a corporation, non-profit organization, public entity, educational institution or other types of organization, Altia may use your name and logo to identify you as a customer of Altia on our website and on presentations, marketing materials and other documents identifying or listing our customers. If You do not wish to be identified as a customer of Altia, you may send an email to Marketing ([email protected]) to request to be removed from publicly available customer lists and we will remove You from such lists.