You may only use LiveLine pursuant to the LiveLine Terms of Service (this "Agreement"), which you accept by your use of LiveLine. AVC reserves the right to modify or revise this Agreement at any time in its sole discretion. Any such modification to this Agreement shall be effective immediately upon being posted on LiveLine unless otherwise stated. You are legally bound by such modifications or revisions, and therefore you should regularly review the most current version of this Agreement at: http://www.liveline.com/terms.html. Your continued use of LiveLine following AVC’s posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of this Agreement, you should not continue to use LiveLine.
Description of Services
LiveLine is a web-based service which provides around-the-clock video monitoring capabilities for subscribers (the "Services"). The LiveLine Services allow the subscriber to view and control designated surveillance cameras in real time from any location in the world offering Internet access from either your computer or from your mobile phone. The LiveLine Services also feature motion detection by the cameras, day and night monitoring, automatic recording, time lapse recording, and e-mail or mobile phone notifications.
The LiveLine Services are available on a Subscription basis and require a Fee in accordance with the Fee Schedule associated with that Service. You agree that AVC may charge to your credit card or other payment mechanism selected by you and approved by AVC ("Your Account") all amounts due and owing for the Services, if any, including Subscription Fees, Transaction Fees, or any other Fee or charge associated with your use of the Services. Some services are available on a recurring monthly basis. If you subscribe to a recurring monthly service, you understand that your credit card will automatically be billed each month for the Service’s current monthly subscription fee until you request cancellation of your Subscription. All sales are final. There will be no refunds, including partial refunds. AVC may change prices at any time without prior notice. You agree that in the event AVC is unable to collect the Fees owed to AVC for the Services through your Account, AVC 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 AVC in connection with such collection activity, including collection Fees, court costs and attorneys’ Fees. You further agree that AVC 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. Finally, you understand and acknowledge that in the event that you utilize the LiveLine Service through your mobile phone, your wireless service provider may charge you additional fees for accessing the Internet (contact your service provider for details.
Any item can be returned within 30 days after purchase for a refund of the purchase price, less shipping and handling charges (a “full refund”). We will not accept delivery of items returned more than 30 days after purchase. Shipping and handling charges to ship and return the item(s) are non-refundable. In order to return an item for a refund, you must contact us within 30 days of purchase. All items must be returned in like-new condition and include all original packaging with warranty card, manuals and accessories in order to qualify for a full refund. In the event that returned items show damage or excessive use or if parts or accessories are missing we reserve the right to issue a partial refund, or no refund at all.
We will assess a 15% restocking fee on all returned merchandise (except in the case of an exchange of a defective product as discussed below).
Defective items may be exchanged for the same item up to 30 days after purchase. We will not accept delivery of defective items returned more than 30 days after purchase. Defective Items must be returned in original packaging with all warranty cards, manuals and accessories. In order to return a defective item, you must contact us within 30 days of purchase.
Refund / Replacement Terms and Conditions
We are not responsible for returned items until they are delivered to us, so please use an insured means of shipping returned items with a tracking number. Please check your order as soon as it is received. If your package arrives open please check the contents before you accept the package, and inform delivery personnel of any problems. Please allow up to fourteen days from shipment for your return to arrive to us. Your return will be processed within 5-7 business days (excluding Saturdays, Sundays, and holidays) after receipt of the item.
Please send all returns to:
Advanced Video Communications, Inc.
633 W. 5th Street, Suite 6800
Los Angeles, CA 90071
Certain features of LiveLine are only available to users who have completed an application, registered a valid user name and password and who have paid the applicable Fee, if any ("Subscriber"). Subscriptions are available to anyone 18 years of age or older. Your Subscription is solely for your personal use and is not transferable.
User Name and Password
You must have a valid email address in order to register for a user name and password on LiveLine. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that AVC considers in its sole discretion as being inappropriate.
You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the LiveLine website home page, clicking on "My Account" and entering your new password). You agree to notify AVC of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.
This Agreement shall remain in full force while you use LiveLine and/or are a Subscriber. You may cancel your LiveLine Subscription at any time, for any reason. Simply e-mail us using our contact form, indicating that you wish to cancel your Subscription. Because LiveLine is a pre-paid service, the cancellation will take effect as of the start of the next billing cycle. AVC may terminate your LiveLine Subscription, and cancel your user name if you breach these Terms of Service or fail to pay a Subscription Fee within thirty (30) days after notice to you. In the event your Subscription is terminated or your user name is cancelled, AVC may, without notification, delete your account, and you will need to re-register for a Subscription and obtain a new user name to gain access to any Subscription based service of LiveLine. AVC shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to LiveLine, cancellation of your user name, or the deletion of your account.
Grant of License
As long as you are in compliance with this Agreement and with the payment requirements for the Services, AVC hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable right and license to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by AVC that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by AVC.
No Commercial Use
Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements with AVC, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.
You may use LiveLine for lawful purposes only. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems, and such use is strictly prohibited. You are also prohibited from violating or attempting to violate any security feature of LiveLine, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of LiveLine or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using LiveLine to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using LiveLine; (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AVC in providing LiveLine. Any violation of system or network security may subject you to civil and/or criminal liability.
You may not use LiveLine to transmit, any material that (a) harasses, threatens, or abuses another person; (a) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (c) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (d) gives rise to civil liability; (e) advertises or otherwise solicits funds or is a solicitation for goods or services; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (f) otherwise violates any applicable local, state, national or foreign law or regulation.
Compliance with Intellectual Property Laws
When using LiveLine, you agree to obey the law and to respect the intellectual property rights of others. Your use of LiveLine is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any material in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any material you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any material does not violate any laws or third party rights rests solely with you.
AVC reserves the right to terminate your use of LiveLine at any time with or without cause and with or without notice to you. To ensure that AVC provides a high quality experience for you and for other users of LiveLine, you agree that AVC may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of LiveLine. AVC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but AVC reserves the right to terminate your Subscription or your access to LiveLine and to delete all content Posted therein, with or without notice to you, and without liability to you, if AVC believes that you have violated any of the Terms of Service, furnished AVC with false or misleading information, or interfered with use of LiveLine.
No Duty to Monitor content
AVC, in its sole discretion shall have the right (but not the duty) to monitor the content Posted on LiveLine. AVC reserves the right to terminate a Subscription that, in its sole judgment, is used in a way that does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but AVC is not responsible for any failure or delay in terminating such Subscription.
AVC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on LiveLine AVC has adopted a policy that provides for the immediate suspension and/or termination of any LiveLine user who is found to have infringed on the rights of AVC, or of a third party, or otherwise violated any intellectual property laws or regulations. AVC’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want AVC to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AVC’s designated Agent for Notice of Claimed Infringement. AVC’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
By mail to:
Advanced Video Communications, Inc.
633 West 5th Street, Suite 6800
Los Angeles, California 90071
Or by email to: email@example.com
If you have been notified by AVC that your content has been removed (or access to it was disabled) in response to a notification of infringement, and you believe that your content is not infringing, or that you are using the content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, AVC may send a copy of the counter-notice to the original complaining party informing that person that AVC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against AVC, the LiveLine Member or user, the removed content may be replaced, or access to it restored, within a commercially reasonable time.
DISCLAIMER OF WARRANTIES
AVC CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF LIVELINE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, AVC HEREBY DISCLAIMS ALL WARRANTIES. AVC IS MAKING LIVELINE AVAILABLE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, LIVELINE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH LIVELINE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. AVC DOES NOT WARRANT THAT LIVELINE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF LIVELINE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN LIVELINE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
AVC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AVC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE LIVELINE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD AVC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF LIVELINE, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Choice of Law and Forum
LiveLine is controlled and operated by AVC from its offices in the State of California. AVC makes no representation that LiveLine is available or appropriate for use in other locations. Your use of or access to LiveLine should not be construed as AVC purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If there is any dispute about or involving LiveLine and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
AVC may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify LiveLine, and (c) discontinue LiveLine at any time. AVC shall Post any revision to this Agreement to LiveLine.com, and the revision shall be effective immediately upon such Posting. You agree to review these Terms of Service and other online guidelines Posted on LiveLine periodically to be aware of any revisions. You agree that, by continuing to use or access LiveLine following the notice of any revision, you shall abide by any such revision. AVC shall not be liable for any damages or losses related to the modification, cancellation or termination of LiveLine, any of the Services, and/or this Agreement.
All contents of LiveLine are: copyright © Advanced Video Communications, Inc., 633 W. 5th Street, Suite 6800, Los Angeles, California 90071. Nothing contained on LiveLine should be understood as granting you a license to use any of the trademarks, servicemarks, or logos owned by AVC or by any other third party. Inaction or failure by AVC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. The section headings in this Agreement are solely for convenience and have no legal or contractual significance.
This Agreement was last modified June 29, 2009.