Logan Technology Inc.
TERMS OF SERVICE
Updated date: April, 2019
These terms of service (“Terms of Service”) contain the terms under which you use services that Logan Technology Inc. ("LOGAN",“we”, “our”, “us”) provides over the Internet and mobile application, including Logan Connect, and www.logan-cam.com (collectively, “LOGAN Services”). LOGAN Services are provided for use in conjunction with various LOGAN Internet-connected devices (“Products”).
You will need to register an account via website or one mobile application to access LOGAN Services. For the purposes of seeking to provide you with a better experience, to improve LOGAN Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by LOGAN’s Affiliates over Internet and/or mobile applications. For the purpose of these Terms of Service, Affiliate” means any entities which, directly or indirectly, are in control of, are controlled by, or is under common control with LOGAN.
These Terms of Service apply to LOGAN Services, but any service-specific terms of service (“Additional Terms”) may apply to some services provided by LOGAN’s Affiliates. By using LOGAN Services, you agree to accept and be bound by these Terms. If you do not accept these Terms, please do not use any of LOGAN Services.
These Terms also govern your access to and use of LOGAN Services, including through the Products or Services provided by LOGAN’s Affiliates. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any LOGAN Services.
- No Life-Safety or Critical Uses of LOGAN Services
You acknowledge and agree that LOGAN Services and Products are not certified for emergency response. LOGAN makes no warranty or representation that use of LOGAN Services or Products with any third-party’s products or services will affect or increase any level of safety or security. LOGAN Services and Products are not a third-party monitored emergency notification system -- LOGAN will not dispatch emergency authorities to the monitored place in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
- Electronic Contracting and Messaging
- These Terms May Change
LOGAN reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to these Terms, we will notify you by the email address specified in your Account or by means of notice on the website of
any such changes which will become effective immediately upon the release. Continued use of LOGAN Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
- Relationship to Product Warranty
These Terms govern your use of LOGAN Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
You are prohibited from registering a Product for use with LOGAN Services or from using LOGAN Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use LOGAN Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use LOGAN Services. Please contact us at firstname.lastname@example.org if you believe your child has provided us with personal information in connection with LOGAN Services.
- Creating an Account
To use your Product via LOGAN Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of LOGAN Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. LOGAN is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
- System and Equipment Requirements
Use of certain Products or discrete functionality may require Internet access and registration to LOGAN Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with LOGAN Services. LOGAN Services will not be accessible without: (i) a working network that is positioned to communicate reliably with our Products; (ii) a PC device or a mobile device with Android OS or Apple iOS to pair the Products; (iii) an Account; (iv) always-on broadband Internet access; and (v) other system elements that may be specified by LOGAN Services in connection with the specific Product. In addition, you acknowledge that LOGAN Services may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to LOGAN Services.
- Changes to LOGAN Services
LOGAN may change, upgrade, discontinue, or temporarily suspend any feature or component of LOGAN Services at any time without notice. LOGAN cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to LOGAN Services will operate as intended. You acknowledge that you may be required to install software updates to use LOGAN Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
- Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use LOGAN Services. If you transfer a Product to a new owner, your right to use LOGAN Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or LOGAN Services under your Account. You may cancel your Account at any
time by calling Customer Support at email@example.com.
Subject to your compliance with these Terms, LOGAN grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (“Mobile Apps”), and (b) any embedded firmware in the
Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and LOGAN Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LOGAN or its licensors.
- License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit LOGAN Services, including the Mobile Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce LOGAN Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or LOGAN Services; (v) use the Software and LOGAN Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of LOGAN, its third-party providers, or any other third party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, LOGAN Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or the Service for any service bureau, time-sharing, resale or similar purposes. LOGAN reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
- Open Source
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, LOGAN makes such Open Source Software, and LOGAN modifications to that Open Source Software, available by written request to LOGAN at the email or mailing address listed below:
By downloading/requesting the source code to any of the Open Source Software ("Source Code"), you agree to the following: LOGAN PROVIDES THE SOURCE CODE TO YOU ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOGAN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGAN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- Access to LOGAN Services
You may only access and use LOGAN Services solely for the purpose of (a) operating, managing, monitoring, and maintaining the Products, (b) managing your Account and preferences, and maintain your registration data.
When using LOGAN Services, you shall not:
disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, LOGAN Services or any computer network;
circumvent any technological measure implemented by LOGAN or any providers or any other third party (including another user of LOGAN Services) to protect LOGAN Services;
upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, LOGAN Services, or any other system, device or property;
run Maillist, Listserv, or any form of auto-responder or “spam” on LOGAN Services;
attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or
jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login
into LOGAN Services as you).
- Limitations of LOGAN Services
LOGAN Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for LOGAN Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. LOGAN Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that LOGAN is not responsible for any damages allegedly caused by the failure or delay of LOGAN Services to reflect current status of the Product, notifications, or timing of your video content.
LOGAN Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. LOGAN does not offer any specific uptime guarantee for LOGAN Services. LOGAN is not liable for any losses arising from a suspension of LOGAN Services.
All information concerning LOGAN Services and use of the Product with LOGAN Services is provided “as is” and “as available”. LOGAN does not guarantee that this information is correct or up to date. Accessing the information through LOGAN Services is not a substitute for direct access to the information in or on the Product itself.
Although LOGAN cares about the security, integrity, and availability of your video content and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your video content and your personal information at your own risk.
- Limitations of LOGAN Services Due to Reliance on Third Parties
LOGAN Services relies on certain third-party products and services. For example, some aspects of LOGAN Services– such as data storage, synchronization, and communication – are enabled by Amazon Web LOGAN Services or other providers. As another example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through LOGAN Services. These third-party’s products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. LOGAN is not responsible for any damages and losses due to the operation of these third-party’s products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party Web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and LOGAN and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store
terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
- Release Regarding Third Parties
LOGAN is not responsible for third parties or their products and services, including, without limitation, any third-party’s
products and services that enable LOGAN Services, equipment, ISPs, carriers, the App Stores and among others.
LOGAN HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE LOGAN AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.
You agree to defend, indemnify, and hold LOGAN, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of LOGAN Services and Product; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. LOGAN will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGAN SERVICES (I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND LOGAN AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LOGAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH LOGAN SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
LOGAN MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH LOGAN SERVICES, AND LOGAN WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH LOGAN SERVICES. LOGAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH LOGAN SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF LOGAN SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. LOGAN DOES NOT REPRESENT OR GUARANTEE THAT LOGAN SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND LOGAN DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF LOGAN SERVICES. YOU ACKNOWLEDGE AND AGREE
THAT YOU (AND NOT LOGAN) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT LOGAN SHALL NOT BE LIABLE IN THE EVENT THAT LOGAN SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE LOGAN SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
- LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOGAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE LOGAN SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY LOGAN SERVICES OR BY FAILURES OF LOGAN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOGAN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOGAN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO LOGAN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO LOGAN OR LOGAN’S AUTHORIZED RESELLER FOR LOGAN SERVICES IN THE PRIOR 6
MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LOGAN DISCLAIMS ALL LIABILITY OF ANY KIND OF LOGAN’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOGAN AND YOU.
- Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and LOGAN arising out of or relating to these Terms or LOGAN Services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and LOGAN, our goal is to learn about and address your concerns. You agree that you will notify LOGAN about any Dispute you have with LOGAN regarding these Terms or our Products or LOGAN Services by contacting LOGAN at firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or LOGAN may bring a formal proceeding.
- Binding Arbitration
You and LOGAN agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of LOGAN Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and LOGAN. These Terms will be governed by the laws of the People’s Republic of China and shall be
submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and LOGAN shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
- Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of LOGAN Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
- Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and LOGAN with respect to the use of LOGAN Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between LOGAN and you regarding LOGAN Services. LOGAN’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without LOGAN’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LOGAN may freely assign or transfer these Terms without restriction.
- Contact Us
Should you have any questions, please contact us immediately via email at email@example.com.
Copyright © 20 19 Logan Technology Inc. ALL RIGHTS RESERVED.