Valor Cloud Service Terms
This Valor Cloud Service Terms ("Terms") is a supplement to the Valor Registration Agreement.
The Terms is a valid contract entered into by and between Valor USA, LLC ("Valor") and all subjects (including but not limited to individuals and teams) ("Users" ,"you", "your") who use the Valor Cloud service ("Valor Cloud Service" or this "Service") with respect to the use of the Valor Cloud Service and relevant services. By sealing, clicking a web page to confirm or otherwise selecting to accept these service terms, including but not limited to not clicking to confirm these service terms but having actually used the Valor Cloud Service, you and Valor USA, LLC have reached these Terms and agree to accept all agreed contents of these service terms. These Terms are applicable to any Valor Cloud Service, including upgrades and updates of various services and software used by the Users during the term of the Terms.
The formation, performance, interpretation and dispute resolution of the Terms shall be governed by the laws of the United States of America and shall be subject to the jurisdiction of American courts where Valor is located. If any dispute arises between both Parties regarding the content or performance of the Terms, both Parties shall attempt to solve such dispute through friendly negotiations; if such negotiations fail to result in a settlement, either Party may file a lawsuit to court at the location where Valor is located.
1. Service Contents and Instructions on Use
1.1. The Valor Cloud Service is a cloud service platform that provides the Users with uploading space and technically supported information storage space and provides the Users with online services such as personal data storage, synchronization, management and sharing. The Valor Cloud Service does not directly upload or provide contents by itself and does not make any modification or edit to any content transmitted by the Users.
1.2. The Users understand that the Valor Cloud Service only includes relevant online services such as data storage, and except for this, equipment relating to relevant network services (such as personal computers, mobile phones and other devices relating to access to the Internet or the mobile network) and necessary expenses (such as the telephone fee and Internet access fee paid for access to the Internet and the data fee paid for use of the mobile network) shall be borne by the Users themselves. Valor reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain functions or features. You agree that meeting these requirements is your responsibility.
1.3. To use the Service, you cannot be a person barred from receiving the Service under the laws of any applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting the Terms, you represent that you understand and agree to the foregoing.
1.4. The Users shall not misuse the Valor Cloud Service, and content providers and users shall be responsible for uploading and use of any instant messages, emails, information, data, texts, software, music, audios, photos, images, videos, messages and the Users' registration information or other information ("Users Provided Contents") uploaded, posted, sent or otherwise transmitted by this Service, whether transmitted publicly or privately. As the provider of the Valor Cloud Service, Valor is unable to control the Users Provided Contents transmitted by this Service or to fully control the use thereof by the Users, and therefore, it cannot guarantee the legality, correctness, completeness, authenticity or quality of the Users Provided Contents; you have foreseen that when using this Service, you may have access to unpleasant or inappropriate Users Provided Contents, and agree that you will make your own judgment and bear all risks without relying on the Valor Cloud Service.
1.5. If the use of the Valor Cloud Service by the Users is not in compliance with the Terms, Valor has the right to supervise the use of the Valor Cloud Service by the Users, and if by check, notification, reporting or other ways, Valor finds that the Users breach any provision of the Terms when using the Valor Cloud Service, Valor has the right to require the Users to make correction or directly take all measures that Valor deems necessary (including but not limited to deleting the Users Provided Contents uploaded by the Users, changing the authority of the Users, or suspending or terminating the right of the Users to use the Valor Cloud Service) to reduce the impact caused by the Users' misconduct.
1.6. If the use of the Valor Cloud Service by the Users is not in compliance any applicable law and regulations, when finding such non-compliance by such ways as notification or reporting, Valor has the right to make an independent judgment and to immediately stop providing the Users with part or all of the Valor Cloud Service without notifying the Users in advance. If the use of the Service violates any applicable laws and regulations, when relevant authorities query or retrieve the business data of the Users, Valor is obliged to provide cooperation according to the requirements of the relevant laws and regulations or policy documents and make disclosures to third parties or authorities such as administrative or judicial authorities; if the Users' acts and use of the Valor Cloud Service results in any claim by any third party or any damage or loss is thus caused, the Users shall bear all liabilities and indemnify and make Valor whole against any damage or loss.
Valor reserves full and indivisible ownership and intellectual property of the following contents and information:
2.1. Except for the Users Provided Contents, the Valor Cloud Service and all elements thereof, including but not limited to all contents, data, technologies, software, codes, user interfaces and any derivative works relating thereto.
2.2. Without the consent of Valor, any information and feedbacks provided by the Users to the Valor Cloud Service and relating to the services of this platform may not be directly or indirectly released or broadcasted on any media or be rewritten or reissued for the purpose of broadcasting or releasing or be used for any other business purpose. The above data or any part thereof may only be stored in the computers of the Users for private purposes. The Valor Cloud Service will not bear any legal or economic liability to the Users or any third party in any way for any delay, inaccuracy, error or omission arising from the above data or arising during transmission or submission of all or part of the above data or any damages resulting or arising therefrom.
2.3. All rights to any software (including but not limited to any images, photos, animations, video or audio recordings, music, texts and additional programs or attached help materials contained in such software) used by the Valor Cloud Service for providing network services shall belong to the copyright owner of such software. The Users shall not commit any act that allegedly infringes upon copyrights. Without the permission of the copyright owner of such software, the Users may not reverse engineer, decompile or disassemble such software or otherwise discovers its original codes.
3. Undertakings and Warranties
3.1. The Users warrant that when using the Valor Cloud Service, they may not directly or indirectly:
1) delete, conceal or change any patent, copyright, trademark or other ownership statement shown or contained in the Valor Cloud Service;
2) disrupt or attempt to disrupt, in any way, the normal operation of any part or function of the Valor Cloud Service or the website of Valor;
3) circumvent or attempt to circumvent or claim that they can circumvent any content protection mechanism or any tool of the Valor Cloud Service;
4) without the prior written consent of Valor, use any registered or unregistered works, service marks, logos, URLs or other marks originating from Valor in written or graphic forms;
5) use any mark, including but not limited to using any mark of Valor in a manner that taints, impairs or damages the rights of the owner of such mark, or impose or purport to impose any obligation or grant any right or authority for themselves or to any other person in a manner that breaches the Terms; except as otherwise designated by Valor in writing, the Users may not export any user information, and shall stop using and delete any user information or other contents of the Valor Cloud Service within 24 hours after obtaining them.
6) show or otherwise provide any user information to any non-original users without the prior consent of the original users;
7) request, collect, solicit or otherwise obtain from any user any access right to the account numbers, passwords or other authentication credentials of Valor;
8) represent authentication credentials for any user to automatically log on to any account of Valor;
9) provide tracking functions, including but not limited to identifying views or operations by other users on personal homepages;
10) automatically direct browser windows to other web pages;
11) without authorization, pose as others or obtain access right to the Valor Cloud Service; or
12) without the express consent of a User, let any other person identify such User in person.
If any User violates any of the above warranties, Valor has the right to give a warning to such User, block such User, up to cancelling the qualification of such User, depending on the circumstances.
If any User violates any of the above warranties and thus causes any loss to the Valor Cloud Service, any other User of the Valor Cloud Service or any partner of Valor and its affiliates, such User shall bear all legal liabilities and compensate for such loss by himself/itself.
3.2. Undertakings of the Users:
1) They have obtained valid authorization from the right holders (if any) of the Users Provided Contents uploaded, posted, transmitted or otherwise disseminated using the network services provided by the Valor Cloud Service, and have reached agreements with the foregoing right holders regarding distribution of rights and interests, and warrant that they have full, complete and flawless ownership or intellectual property before submitting or uploading the relevant Users Provided Contents to the Valor Cloud Service;
2) The Users Provided Contents uploaded, posted, transmitted or otherwise disseminated by the Users using the network services provided by the Valor Cloud Service shall not contain any information that violates laws, regulations or policies of the State.
3) The Users may not use this Service for any illegal purpose; may not use the network services of Valor in any way to infringe upon the commercial interests of Valor, including but not limited to publishing commercial advertisements that have not been permitted by Valor; and may not use the network service system of the Valor Cloud Service to commit any act that may adversely affect the normal operation of the Internet or mobile network.
4) The Users may not engage in the following activities using the Valor Cloud Service:
i. without permission, entering any computer information network or using any computer information network resources;
ii. without permission, deleting, modifying or adding any computer information network function;
iii. without permission, deleting, modifying or adding any data or applications stored, processed or transmitted in any computer information network;
iv. committing any act that undermines or attempts to undermine network security (including but not limited to phishing, hacking, Internet fraud, containing or allegedly spreading in websites or space: viruses, Trojan and malicious codes, and allegedly attacking other websites or servers by virtual servers, such as scanning, sniffing, ARP deception and DOS); and
v. Other acts that jeopardize computer information network security.
5) If any Users Provided Content uploaded, posted, transmitted or otherwise disseminated by the Users using the network services provided by the Valor Cloud Service has any right flaw or infringes upon the legitimate rights and interests of any third party (including but not limited to patents, trademarks, copyrights and copyright neighbouring rights, portrait rights, privacy rights and reputation rights), and therefore, Valor or any other entity cooperating with Valor faces any complaint, whistleblowing, inquiry, claim or litigation; or Valor or any other entity cooperating with Valor thus suffers any loss of honor, reputation or property, the Users shall actively take all possible measures to ensure that Valor and such other entity cooperating with Valor are not affected by such claim or litigation. Meanwhile, the Users shall bear all liabilities for compensation for direct and indirect economic losses thus suffered by Valor and such other entity cooperating with Valor.
4. Protection of Intellectual Property
If other users are allowed to download, view, listen to or otherwise access or distribute the Users Provided Contents, the Users shall guarantee that the posting of such Users Provided Contents and the relevant acts comply with relevant copyright policies in the relevant intellectual property laws and regulations, including but not limited to:
4.1. When receiving an infringement notice sent by Valor or any other third party, the Users shall immediately delete or prohibit access to the infringing contents declared, and contact the person who delivers the notice to understand detailed information; or submit contrary evidence within five working days, including but not limited to: (1) the subject information of the party against whom the complaint is made and relevant materials; (2) the viewpoint of the party against whom the complaint is made regarding the complaint; (3) preliminary evidence of no infringement; and (4) warranties made by the party against whom the complaint is made.
4.2. The Users acknowledge and agree that Valor will handle, according to relevant laws and regulations, qualified infringement notices sent by third parties, and according to requirements, delete or prohibit access to the infringing contents declared and adopt and implement proper policies in attempt to prevent repeated infringements under corresponding conditions.
5. Privacy Protection
5.1. Shared information. You may voluntarily make a setting to share information with others. The Users understand and acknowledge that when the Users share information publicly, various search engines including Valor may capture such information;
5.2. Valor will not make public or provide to any third party non-public contents that the Users store on the Valor Cloud Service, unless under the following circumstances:
1) Specified by the relevant laws and regulations or by the lawful service procedures for the Valor Cloud Service;
2) For the purpose of safeguarding the rights and interests of the Users and the public in case of emergency;
3) For the purpose of safeguarding the trademark, patent and any other legitimate rights and interests of Valor; and
4) Any other circumstance under which personal information shall be made public, processed or disclosed according to law.
6.1 You may activate a Free Trial by clicking "Activate Free Trial" under "Device' in Valor app. You may enjoy the Free Trial once for each Valor device.
6.2 During the Free Trial, if you pay for regular subscription plan ("Paid Subscription"), it will become effective immediately. The Free Trial will be suspended and the remaining time will resume automatically once the Paid Subscription expires.
6.3 Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Valor reserves the right to cancel your subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
6.4 During your Paid Subscription, if you buy another subscription plan, the term of the new subscription plan will be added to the existing Paid Subscription. Once the existing Paid Subscription expires, the new subscription plan will start immediately.
6.5 Type of Paid Subscription
|Days of Saved Videos *||Payment Cycle||Subscription Fee per Cycle|
* Explanation: Take 3 days annual subscription for example, once the subscription is activated, the content of the most recent 3 days will be saved. If the subscription starts on September 5, 2018, the video on September 5, 2018 will be saved until September 7, 2018 and deleted on September 8, 2018. On September 5, 2019, the subscription will expire and no new video will be saved or uploaded. All saved data will be permanently deleted on September 7, 2019 and cannot be viewed again.
6.6 To activate a subscription, you may click open Valor app or PC software, then click devices and the cloud service logo and choose the subscription for purchase. If you have prepaid card for Valor cloud service, you can start the subscription by entering the code.
6.7 The Services will be triggered only when the camera detects movements of humans or other physical items. Then the camera will start recording and upload the data to the Valor Cloud. For the Valor Cloud Service to function properly, you need at least 512k bandwidth for each channel of the device. If the device cannot connect to the Service because it is offline, out of power, or deleted, or due to insufficient bandwidth, it will be unable to save or upload videos.
6.8 If you deactivate your existing subscription, your device will stop uploading videos to the cloud; however, your existing subscription term will not be extended and will expire at the end of the original term. You will not be eligible for any prorated refund of any portion of the subscription fee paid for that subscription plan.
7. Disclaimer Statement
7.1 Considering the particular nature of network services, the Users agree that the Valor Cloud Service has the right to change, interrupt or terminate part or all of network services at any time. If the network services that are changed, interrupted or terminated are free, the Valor Cloud Service does not need to notify the Users separately, nor does it need to bear any liability to any User or any third party.
7.2 The Users understand that the Valor Cloud Service needs to regularly or irregularly inspect and repair or maintain the platform that provides network services or relevant equipment, and if due to such circumstances, any fee-based service is interrupted within a reasonable period of time, the Valor Cloud Service does not need to bear any liability for such interruption, provided, however, that the Valor Cloud Service shall give a prior notice to the extent possible.
7.3 The Valor Cloud Service may change this Service or delete a part of its functions at any time for any reason. The Valor Cloud Service may cancel or terminate services to the Users at any time. The decision of the Valor Cloud Service to cancel or terminate services requires no reason or notification to the Users. Once services are cancelled, the rights of the Users to use this Service shall immediately terminate. Once this Service is cancelled or terminated, any information that the Users store in this Service may be unrecoverable.
7.4 The Valor Cloud Service does not warrant (including but not limited to):
1) The Valor Cloud Service is suitable for the usage requirements of the Users;
2) The Valor Cloud Service is undisturbed, timely, safe, reliable or error fee; and any product, service or other material that the Users obtain by the Valor Cloud Service meets the expectation of the Users;
3) The Users shall be responsible for the risks of their use of any data downloaded or obtained by the Valor Cloud Service; and if due to such use, the Users' computer systems are damaged or their data are lost, the Users shall be solely liable for such damage or loss.
4) Once deleted, user data are unrecoverable; the Users shall bear the consequences and liabilities caused by such deletion of data, and the Valor Cloud Service has no obligation to continue to retain, export or return the business data of the Users.
7.5 Regarding any loss of profit, goodwill or data or any other tangible or intangible, direct, indirect, special, consequential or exemplary damagesresulting from the following reasons, the Valor Cloud Service will not be liable for any direct or indirect compensation:
1) The use or unavailability of the Valor Cloud Service;
2) Any product, data or service purchased or obtained by the Valor Cloud Service;
3) any change made to the Service;
4) the deletion of ,corruption of , or failure to store and/or send or receive your transmission or data on or through the Service; and
5) Unauthorized use or modification of user data and any other matter relating to the Valor Cloud Service.
7.6. As a registered user of the Service, you must establish an Account. Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Valor of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with any other party. Provided Valor has exercised reasonable skill and due care, Valor shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
8.1 If you wish to stop using the Service on your device ,you may delete your ID or delete your device . To terminate your Account and delete your ID, you can contact Customer Service at email@example.com. If you terminate your Account and delete your ID, you will not have access to the Services with that ID. This action may be non-reversible. Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by the Terms), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
8.2 Valor may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Valor will be permitted to terminate only after giving you 30 days' notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Valor in its sole discretion and Valor will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Valor may terminate your Account upon 30 days' prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Valor's reasonable control. In the event of such termination, Valor will provide you with a pro rata refund of any pre-payment for your then-current paid term.
9.1 The final right to interpret the Terms shall be vested in Valor.
9.2 Terms Valor reserves the right to amend the Terms at any time, and such amendments will be published on the website of the Valor Cloud Service. If any User disagrees with any amendment made by the Valor Cloud Service to any provision of the Terms, such User is entitled to cease to use the Valor Cloud Service. If such User continues to use the Valor Cloud Service, then such User shall be deemed to have accepted the amendment made by Valor to the relevant provision of the Terms.
9.3 All notices to the Users from the Valor Cloud Service hereunder may be given by webpage announcements, emails or regular mails; such notices shall be deemed to have been given to the recipient on the day they are sent.
9.4 If any provision of the Terms is invalid or unenforceable in whole or in part for any reason, the remaining provisions of the Terms shall remain valid and enforceable.
9.5 If any provision of the Terms shall survive the termination of the Terms by its nature or otherwise, such provision shall be deemed to survive the termination of the Terms, including but not limited to warranties, confidentiality clauses, intellectual property clauses, and governing law and dispute resolution clauses.
9.6 Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Valor may have no control over such third party sites and/or materials, you acknowledge and agree that Valor is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Valor shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
9.7 Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the 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 Service, 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 the Service for any purposes prohibited by any applicable law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of the Terms.
9.8 Please contact Customer Service at firstname.lastname@example.org if you have any inquiries.