User Agreement
You control who sees your cameras and content.
Dzees is designed to provide a way for you to view the content captured
with your Dzees cameras, including your videos and photos taken with your Dzees cameras. You
control access to your cameras and stored content. The Dzees video monitoring systems come with
various services plans, which may offer: remote viewing of your Dzees cameras' content;
automatic recording when motion is detected; motion alerts (with links to the associated
videos); video clips that are sent to your iPhone, Android phone; digital pan and zoom; video
storage; and the ability to support multiple cameras. Through settings in your Dzees account you
can choose to keep your cameras, photos and videos private or allow broader access to them.
Premium service plans may be offered that upgrade the aforementioned features or add additional
features to your Dzees system.
1. Age
You must be at least 18 years of age to sign up for Dzees, and by signing
up for Dzees you confirm that you are at least 18 years old. The Dzees System does not knowingly
collect or solicit personal information from anyone under the age of 18, and Dzees does not
knowingly allow such persons to register for Dzees. If you are under 18, do not attempt to
register for the Dzees or send any information about yourself to us without parental consent. No
one under age 18 may provide any personal information to Dzees without parental consent. If we
learn that we have collected personal information from somebody under age 18 without
verification of parental consent, we will delete such information. If you believe that we have
any information from or about a child under 18, please contact us at app@zumimall.com.
To read the complete Dzees Terms of Service please see below.
2. Introduction
Welcome to Dzees. Dzees is operated by Shenzhen Junan Technology Co., Ltd. By
using:
2.1 the Dzees cameras and the personal video network (referred to herein
as the "Dzees System"); and
2.2 the Dzees websites and any associated subscriptions, content services,
accounts, streaming video sites, and all other web services associated with the Dzees product.
(2.1 and 2.2 above being collectively referred to herein as the "Dzees
Services")
3. Terms of Service
Your registration of the Dzees System through the Dzees Websites, as well
as use of the Dzees Services, is subject to the provisions of these Terms. Any software
component embodied in the Dzees System is licensed to you, and not sold.
Dzees MAY AT ITS DISCRETION CHANGE THESE TERMS. ANY CHANGES MADE TO
PROVISIONS OF THESE TERMS WILL BE UPDATED ON THE Dzees WEBSITE.WE ENCOURAGE YOU TO PERIODICALLY
CHECK THE Dzees WEBSITES FOR THE CURRENT VERSION OF THESE TERMS. IF YOU ARE DISSATISFIED WITH
ANY CHANGES TO THESE TERMS YOU MAY CANCEL YOUR USE OF THE Dzees SERVICES IN ACCORDANCE WITH
SECTION 12 OF THESE TERMS. YOUR USE OF THE Dzees SERVICES FOLLOWING NOTIFICATION OF THE CHANGE
TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED.
4. Registration Information
Registration of your Dzees System is required. To register, you must
provide the following "User Information":
An e-mail address. You agree that you are 18 years old or older and
agree to provide and maintain accurate and complete User Information. Dzees may terminate your
account if you provide Dzees with inaccurate or incomplete information. You also certify that
you are legally permitted to use and access the Dzees Services. These Terms are void where
prohibited by law, and the right to access the Dzees Services is revoked in such jurisdictions.
Dzees respects the privacy of your User Information and will safeguard the
User Information in accordance with the Dzees Privacy Policy. We encourage you to review the Privacy Policy frequently.
Dzees will monitor usage data, such as log entries, diagnostics, bandwidth usage, and various
other analytics coming from devices tied to the user.
By completing the registration process, you agree to the Privacy Policy
and affirm that you understand and consent to Dzees's collection, storage and use of your User
Information. You have the right to update your User Information or change your consent to the
collection, storage and use of your User Information at any time. Such changes can be made by
logging into your Dzees account. Certain features of the Dzees Services may not be available if
you restrict the collection, storage, or use of your User information.
5. Member account, password and security
You will create a password and account designation during the Dzees
Service's registration process. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur under your password
or account. You agree to
5.1 immediately notify Dzees of any unauthorized use of your password or
account or any other breach of security and
5.2 ensure that you exit from your account at the end of each session.
Dzees will not be liable for any loss or damage arising from your failure
to comply with this Section 3. Dzees may refuse registration of or cancel Dzees account
designation in its discretion.
6. Third-Party content
Dzees takes the ownership of all functions related to our smart cameras, but in order to provide better services to users, we also rely on or inter-operate with third-party content.
We provide third-party content as a service, but Dzees does not control or participate in editing any third-party content, so it makes no representation or warranty about any third-party content, and your use of such third-party content is at your own risk.
You agree that Dzees will have no liability to you or anyone else who uses
your Dzees System with regard to any Third Party Content. You also agree and declare that the
Dzees Services will not be used to illegally copy, illegally display or otherwise make illegal
use of Third Party Content. Generally, authorization from the appropriate rights holder is
needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or
distribution of copyrighted works may constitute an infringement of the copyright holders'
rights.
Dzees may terminate the accounts of users of any Dzees service or software
who infringe the copyrights, trademarks, or intellectual property rights of others. In addition,
steps intended to defeat or bypass security measures designed to prevent intellectual property
infringement may be illegal under comparable foreign laws. Dzees may terminate the Dzees
accounts of users who develop or use methods to defeat or bypass such security measures and may
take any other necessary or appropriate action to prevent infringement of intellectual property
holders' rights.
7. Changes to your Dzees Service
To the extent possible under the governing law, Dzees may, at its
discretion and without notice or user permission, change, add, or remove features and
functionality of the Dzees Services. If you are dissatisfied with any material changes to the
Dzees Services during a subscription, you may immediately terminate your use of the Dzees
Services and be entitled to a pro-rated refund of any of your paid for, but unused,
subscription. Dzees is under no obligation to provide any or all features and functionality to
your Dzees System and may, at its discretion, discontinue the provision of software updates to
certain Dzees Systems. Because different Dzees Systems may support different features and
functionality the level of service Dzees provides may not be the same for each Dzees System.
8. Service Eligibility/Parental Advisory
Use of the Dzees Services requires that your Dzees System has access to an
always-on, broadband internet connection. To enable the Dzees Services all Dzees Systems must be
registered at Dzees apps, such as the official Dzees iOS and Android apps. THE Dzees
SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. BECAUSE THE Dzees
SERVICES MAY PROVIDE ACCESS TO VIDEO OR IMAGES THAT CONTAIN EXPLICIT CONTENT INCLUDING
DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS
UNDER THE AGE OF 18.
9. Member Conduct
You understand that all information, data, text, software, photographs,
video, messages, tags, feedback, comments, questions, other information or materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not Dzees, are entirely
responsible for all Content that you capture, upload, post, email, transmit or otherwise make
available via the Dzees Services.
9.1 Dzees does not control the Content posted via the Dzees Services and, as
such, does not guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will Dzees be liable for any Content, including but not limited to,
9.1.1 any errors or omissions in any Content
9.1.2 any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the Dzees Services
including viewing, copying or redistribution of the Content;
9.1.3 loss or destruction of Content; or
9.1.4 failure to comply with any and all applicable federal, state, and
local laws with respect to use of the Dzees Services including but not limited to laws related
to closed-circuit television monitoring for any purpose and recording in public areas.
You also understand that Dzees does not guarantee the identity of any
other users with whom you may interact in the course of using the Services. Additionally, we do
not guarantee the authenticity of any data that users or merchants may provide about themselves.
We do not control and have no duty to take any action regarding how you may interpret and use
the Content or what actions you may take as a result of having been exposed to the Content, and
you hereby release us from all liability for you having acquired or not acquired Content through
the Dzees Services.
You agree not to use the Dzees Services to: upload, post, email, transmit
or otherwise make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy;
harm minors in any way; impersonate any person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through the Dzees
Services; upload, post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under any contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); upload, post, email,
transmit or otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping) that are designated for such purpose;
interfere with or disrupt the Dzees Services or servers or networks connected to the Dzees
Services (including without limitation denial-of-service attacks) or disobey any requirements,
procedures, policies or regulations of networks connected to the Dzees Services; intentionally
or unintentionally violate any applicable local, state, national or international law.
Dzees does not view your private photographs or videos without your
permission, but you agree that Dzees and its designees will have the right (but not the
obligation) in their sole discretion to screen and/or remove Content that is made, or attempted
to be made, publicly available via the Dzees Services. Dzees may also refuse or remove Content
from the Dzees Services that may violate the Terms, such as those prohibitions listed in Section
7.
Without limiting the foregoing, Dzees will have the right at any time to
remove any Content that violates these Terms, is illegal, or Dzees believes may be illegal or
inappropriate (including, but not limited to, removal upon receipt of claims or allegations from
third parties or authorities relating to such Content), or for no reason at all.
9.2 You will be responsible for withholding, filing, and reporting all taxes,
duties and other governmental assessments associated with your activity in connection with the
Services. You acknowledge, consent and agree that Dzees may access, preserve and disclose your
account information and/or Content if required to do so by law or in a belief that such access,
preservation or disclosure is reasonably necessary to
9.2.1 comply with legal process, including without limitation subpoenas and
search warrants
9.2.2 enforce these Terms
9.2.3 respond to claims that any Content violates the rights of third
parties
9.2.4 respond to your requests for customer service or
9.2.5 protect the rights, property or personal safety of Dzees, its users
and the public.
9.3 You understand that the technical processing and transmission of the Dzees
Services, including your Content, may involve
9.3.1 transmissions over various networks and
9.3.2 changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Dzees Services and software embodied within the
Dzees Services may include security components that permit digital materials to be protected and
that use of these materials is subject to usage rules set by Dzees and/or content providers who
provide content to the Dzees Services.
You may not attempt to override or circumvent any of the usage rules
embedded into the Dzees Services. Any unauthorized or illegal reproduction, publication, further
distribution or public exhibition of the materials provided on the Dzees Services, in whole or
in part, is prohibited.
10. Content submitted or made available for inclusion on the Dzees
Services
Dzees does not claim ownership of Content you submit or make available for
inclusion on the Dzees Services. Nevertheless, as permitted through the functionality of the Dzees Services and under these Terms, you grant Dzees the right to transmit, process, adapt and maintain a copy of the Contents in a security-enhanced and/or encrypted manner, solely in connection with providing you the Dzees Services, or for archival and legal purposes.
When you use a third-party application, the application may ask for your
permission to access your Dzees content and information in order for the application to work as
intended. Your agreement with the provider of that application will control how the application
can use, store, and transfer that content and information, so be sure to thoroughly read any
such application’s terms of service and only use applications from trusted providers. For
clarity, the foregoing license grants to Dzees do not affect your ownership of or right to grant
additional licenses to the material in your Content, unless otherwise agreed in writing.
11. Internet service provider and cell phone charges
The Dzees Services require the use of a broadband Internet connection. You
are responsible for any service charges for your internet connection or data plan incurred as a
result of using or accessing the Dzees Services and acknowledge and agree that you will be
solely responsible for all disputes with any internet service or cell phone provider relating to
same. In particular, streaming and viewing recorded videos and the use of the apps may incur
extra and substantial charges on devices that use a data plan. Dzees is not responsible for and
does not make any assurances about the availability, functionality, or cost of any broadband
internet connection or other data plan.
12. Using the Dzees Services
You may access and use the Dzees Services only with a Dzees System that is
authorized to communicate with the Dzees Websites. You agree not to tamper with or otherwise
modify your Dzees System. Except as expressly provided in these Terms, you may not transfer the
Dzees Services or the right to receive them. By using the Dzees Services you agree to receive
all software updates and upgrades that Dzees sends to your Dzees System. If you disable the
automatic upgrade feature of the Dzees System then certain functionality of the Dzees System may
be adversely impacted. Even if you disable the automatic upgrade feature of your Dzees System,
Dzees may still implement critical Dzees System updates; updates for Dzees applications running
on your iPhone or Android phone; and Dzees back end service updates. If your Dzees System
accesses the Dzees Websites (regardless of your payment or subscription status) you acknowledge
and agree that you are a user of the Dzees Services and are bound by the provisions of these
Terms.
13. Termination of service
You may request termination of your account and your right to use the
Dzees Services at any time without limitation. The Dzees Services will be terminated within
approximately 5 business days after your request. Any unused Dzees Services fees (if
applicable), including subscription fees, may not be refundable under this method of
termination. Upon termination of your account, certain information may not immediately be
deleted from Dzees's or its agents’ systems, including without limitation log entries,
diagnostics, analytics coming from devices tied to the user; transaction details of the account;
or information subject to search warrant, subpoenas, or other legal processes.
Notwithstanding anything to the contrary in these Terms, Dzees retains the
absolute right to immediately terminate your account if the subscription charges are refused for
any reason(if applicable), if you breach any provision of these Terms, if you misuse the Dzees
Services, and/or if you alter your Dzees System or use the Dzees Services or software in such a
manner as to infringe upon the intellectual property rights of Dzees and/or its subsidiaries and
affiliates or any third party.
In addition, Dzees may terminate your account and these Terms for any
other reason if Dzees gives you at least 30 days advance notice of such termination. Upon any
such termination of your account, you will remain obligated to pay all outstanding fees and
charges(if applicable) relating to your use of the Dzees Services before termination, and Dzees
will give you a pro-rated refund of any of your paid for, but unused, Dzees Services fees that
will remain unused because of Dzees's termination under this method of termination. Termination
of the Dzees Services may result in the forfeiture and destruction of all information associated
with your membership, including Content.
All provisions of these Terms which, by their nature, should survive
termination, will survive termination, including, without limitation, ownership provisions,
warranty disclaimers, and limitations of liability.
14. Notice
Dzees may provide you with notices, including those regarding changes to
these Terms, by email, regular mail, text message, postings or updates to the Dzees Websites or
other reasonable means now known or hereinafter developed.
15. Title to software and intellectual property
You may need to use certain software programs in your Dzees System to use
or have full access to certain features of the Dzees Services. You are required to accept and
use the software included in your Dzees System at the time of purchase and other software
programs that may be delivered to your Dzees System by Dzees from time to time. Dzees and/or its
subsidiaries, affiliates, and licensors retain title to and ownership of all the software for
the Dzees System and certain intellectual property rights in the Dzees System. Dzees and/or its
affiliates also retain ownership of all Dzees copyrights, trademarks and other intellectual
property. In the case of third party software delivered by Dzees and/or its subsidiaries and
affiliates to the Dzees System, the applicable third party retains title to and ownership of its
software, copyrights, trademarks and other intellectual property.
Any attempt to disassemble, decompile, create derivative works of, reverse
engineer, modify, sublicense, distribute or use for other purposes the Dzees System or the
software of the Dzees System is strictly prohibited, unless such prohibition is not allowed
under the applicable law. If you install any Dzees software applications on your home computer
ownership and the other terms of such use are governed by the applicable End User License
Agreement to which you must agree prior to installation.
16. Notice and procedure for making claims of copyright or
intellectual
property Infringement
Dzees respects the intellectual property of others and we require our
users to do the same. Dzees may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeated intellectual property infringers. If
you believe that your work has been copied in a way that constitutes copyright infringement or
your intellectual property rights have been otherwise violated please provide Dzees with the
following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest
a description of the copyrighted work or other intellectual property
interest that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or intellectual property
owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to:
Shenzhen Junan Technology Co., Ltd.
No. 8, Fu'an Avenue, Hehua Community, Pinghu Street 405A, Haiyuan Innovation Center Longgang District, Shenzhen,Guangdong Province
17. Links
You may provide a link to your personal Dzees site. Any link to any Dzees
Service must be to its home or top-level page.
The Dzees Services may provide, or third parties may provide, links to
other worldwide websites or resources. Because Dzees has no control over such sites and
resources you agree that Dzees is not responsible for the availability of such external sites or
resources and does not endorse and is not responsible or liable for any content, advertising,
products or other materials on or available from such sites or resources. You further agree that
Dzees will not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such site or resource.
18. Special admonitions for international use
Recognizing the global nature of the internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported from the
country in which you reside.
19. No resale of Dzees Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes any portion of the Dzees Services (including your Dzees ID),
use of the Dzees Services or access to the Dzees Services.
20. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Dzees AND ITS
SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES,
LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT
NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR
TRADEMARK INFRINGEMENT AGAINST Dzees AND ITS SUBSIDIARIES AND AFFILIATES OR THE Dzees SERVICES,
RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THE
Dzees OR Dzees SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF Dzees PRODUCTS OR
SOFTWARE.
21. Warranty and Warranty disclaimer
Dzees has a limited warranty on the Dzees cameras whereby Dzees warrants
to and only to you that the Dzees cameras will be free from defects in materials and workmanship
for one (1) year from the date of your purchase of the Dzees cameras (unless a longer warranty
period is required by law).
Batteries and battery replacement is excluded from all Dzees warranties.
It is your sole responsibility to maintain and replace the Dzees batteries. Dzees recommends
that you carefully read and follow the owner’s manual, instructions and warnings for all Dzees
equipment. Use of only high-quality, non-counterfeit, and non-rechargeable batteries is
recommended. The use of rechargeable batteries or inferior-quality batteries that cause damage
to your Dzees camera system will void the warranty. Repair or modification of the product by
anyone other than Dzees or a Dzees approved agent will void the warranty.
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT
WARRANTY FOR THE Dzees CAMERAS AND BASE STATION DEVICES, YOU UNDERSTAND AND AGREE THAT THE Dzees
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dzees MAKES NO WARRANTY THAT THE
Dzees SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE Dzees SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE NOR DOES Dzees MAKE ANY WARRANTY AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Dzees SERVICES (INCLUDING THIRD PARTY
CONTENT), THAT ANY DEFECTS IN THE Dzees SERVICES WILL BE CORRECTED OR THAT THE Dzees PRODUCTS OR
Dzees SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, Dzees
DOES NOT WARRANT THAT THE Dzees SERVICES OR THE Dzees SERVERS THAT PROVIDE YOU WITH DATA AND
CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dzees ALSO ASSUMES NO RESPONSIBILITY
FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR Dzees BASE
STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT Dzees IS NOT AN INSURER AND THAT Dzees IS NOT PROVIDING ME
WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY Dzees FOR THE Dzees SERVICE ARE NOT
INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY
LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT
AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS,
DAMAGE OR INJURY, YOU WILL NOT LOOK TO Dzees TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND
WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST Dzees
ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
Dzees'S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE
OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES,
ROBBERIES AND MEDICAL PROBLEMS. Dzees MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE Dzees EQUIPMENT AND
SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. Dzees 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,
NOT Dzees.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE Dzees CAMERAS AND BASE
STATION DEVICES, Dzees AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, REGARDING THE Dzees SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE
OF THIS SECTION MAY NOT APPLY TO YOU. Dzees HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR
ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL
APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN
AS PERMITTED BY LAW, Dzees DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING
THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF
YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.
22. No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms,
there will be no third-party beneficiaries to these Terms.
23. Limitations of Dzees's liability
Under no circumstances will Dzees be liable in any way for any Content,
including, but not limited to, the loss of Content, any errors or omissions in any Content, or
any loss or damage of any kind incurred in connection with use of or exposure to any Content
posted, emailed, accessed, transmitted, or otherwise made available via the Dzees Services.
Dzees's liability for damages, especially for breach of duty or
obligation, delay in performance, non-performance, or malperformance shall be precluded, except
when these are due to negligent breaches of any significant contractual duty or obligation on
the part of Dzees. Any liability for negligence is limited to direct losses usually and
typically foreseeable in such case. Should the claim for damages be based on a wilful or grossly
negligent breach of contractual duty or obligation on the part of Dzees, the preclusion and
limitation of liability mentioned in the preceding sentences WIll not apply. The preceding
preclusion and limitation of liability WILL also not apply to claims for damages arising out of
loss of life, bodily injury or health impacts for which Dzees may be liable, or for
non-contractual liability.
Some states and countries do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Additionally, this provision is not intended to limit Dzees's liability in the event of Dzees's
willful or intentional misconduct. Moreover, if Dzees mistakenly or wrongfully overcharges your
account, this section does not limit Dzees's ability to refund such mistakenly or wrongfully
overcharged amounts.
24. General Information
Entire Agreement. These Terms constitute the entire agreement between you
and Dzees and govern your use of the Dzees Services superseding any prior agreements between you
and Dzees with respect to the Dzees Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Dzees Services, affiliate
services, third-party content or third-party software.
Choice of Law. These Terms shall be governed by, and construed in
accordance with, the laws of users' country, without regard to principles of conflicts of law thereunder.
Dispute Resolution.
24.1 Any dispute, controversy or, claim or difference of any kind
whatsoever arising out of, relating to or in connection with these Terms, including the
existence, validity, interpretation, performance, breach or termination thereof, the validity,
scope and enforceability of this arbitration provision and any dispute regarding no-contractual
obligations arising out of or relating to it (each, a "Dispute") shall be resolved at the first
instance through consultation between the parties to such Dispute. Such consultation shall begin
immediately after any party has delivered written notice to the other party(ies) to the Dispute
requesting such consultation.
24.2 Any negotiation without results can be appealed to the law, and the result of the litigation will be the final ruling plan.
Waiver and Severability of Terms. The failure of Dzees to exercise or
enforce any right or provision of these Terms will not constitute a waiver of such right or
provision. If any provision of these Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision and the other provisions of these Terms remain
in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
Dzees account is nontransferable and any rights to your Dzees ID or contents within your account
terminate upon your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
The section titles in these Terms are for convenience only and have no
legal or contractual effect.
25. Contact
The following Dzees entity is responsible for delivering the Dzees
Services depending on where you are using the Dzees System
Shenzhen Junan Technology Co., Ltd. All Other International Territories (including
but not limited to Europe, Middle East, Africa, Asia Pacific, Australia and New Zealand)
Thus, if you have any questions, complaints, or claims with respect to the
Dzees Services, you may contact us at:
No. 8, Fu'an Avenue, Hehua Community, Pinghu Street 405A, Haiyuan Innovation Center Longgang District, Shenzhen,Guangdong Province
26. Dzees Terms of Service Addendum
If you are a subscriber to a Dzees Service then the below addition Dzees
Service Terms apply.
PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN
CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE Dzees SERVICE YOU ARE ACTIVATING
("Dzees Service").
These "Dzees Service Terms" supplement the Dzees Terms and Conditions
("Dzees Terms" or "Terms"), which will otherwise apply in full force and effect, subject to any
additional terms set forth herein. In the event of any inconsistency between the Dzees Service
Terms and the Dzees Terms, the terms and provisions of the Dzees Service Terms will govern and
control.
Activation. To activate your Dzees Service, you must affirmatively take
certain steps - this activation will not occur automatically. For new Dzees users, this will
involve creating an Dzees account as part of the sign up process. Your use of the Dzees Service
will be subject to these Dzees Service Terms, the Dzees Terms, and Dzees's Privacy Policy.
Duration. You may cancel your Dzees Service or delete your Dzees account
at any time, upon which you will lose access to the Dzees Service and/or Dzees account. To take
any of these actions, log into your Dzees account and follow the prompts on the account page.
Privacy. If your Dzees Service utilizes facial recognition, object
recognition, and other artificial intelligence capabilities then When Dzees provides some important functions such as Cloud Storage, Intelligent Analysis and other services, may capture digital images, videos, sounds, and use information provided by your Dzees system. Dzees automatically may compare these captured images and sounds to databases of stored records. You explicitly agree that such data may be captured by your Dzees system and used and analyzed by the Dzees Service. It’s a process without human intervention. However, we attach great importance to the privacy and security of users. Without the authorization of users, we will never illegally use or view any user information.
In addition to the above-described information you provide to the Dzees
system for use by the Dzees Service, you also acknowledge and agree that you will provide other
information to Dzees, such as your email address, physical address, and credit card information.
This latter information is for the purpose of activating and administering the Dzees Services.
Payment. The credit card you provide when signing up for the Dzees Service
will automatically be charged the current price of the Dzees Service for each subscription
period until you cancel. You can cancel the Dzees Service at any time and will be provided a
pro-rated refund for the current subscription period. If Dzees changes the monthly or other term
subscription fee for the Dzees Service in the future, we will provide you advanced notice of the
price change and when it will take effect. If not cancelled, price changes will take effect at
the start of the next subscription period following the date of the price change. By not
canceling and continuing to use the Dzees Service after the price change takes effect, you agree
to be charged the new price. In other words, after your subscription period ends then the price
for the next subscription period could be different, but the price will not be change during
your current subscription period.
Disclaimer of Liability. We do not have any control over whether, or the
manner in which, calls using our Dzees Smart E911 Service are answered or addressed by any local
emergency response center. We disclaim all responsibility for the conduct of local emergency
response centers and the national emergency calling center. We rely on third parties to assist
us in routing Dzees Smart E911 Service communications to local emergency response centers and to
a national emergency calling center. We disclaim any and all liability or responsibility in the
event such third party data used to route communications is incorrect or yields an erroneous
result. Neither Dzees nor its officers or employees may be held liable for any claim, damage, or
loss, and you hereby waive any and all such claims or causes of action, arising from or relating
to our Dzees Service unless such claims or causes of action arose from our gross negligence or
willful misconduct.
Additional Services. We may from time to time make additional Dzees
services (each an "Additional Service") available to Dzees customers. In order to access such
Additional Services, you may be required to take certain steps, including consent to further
terms.