Terms Of Use

Welcome to 1UP VISION.
1UP Vision owned by Datapeace AI Technologies Pvt Ltd. ("us", "we", "or", "our" ) provides services to you through our Website, Desktop applications and Mobile applications subject to the following terms and conditions (the “Terms of Use”). The Terms of Use applies to any person (collectively “you” or “your”) who accesses this Website, views the contents of this Website, submits videos or other content, uses the desktop or mobile applications and/or accesses, downloads or otherwise uses our products or services (defined below).
Any person using any of the our (collectively referred to as “1UP Vision components” ) will be referred to as a ”customer” throughout this document.

BY ACCESSING OR USING ANY PART OF THIS WEB SITE, 1UP VMS WEB APPLICATION, 1UP VISION DESKTOP APPLICATION OR 1UP VISION MOBILE APPLICATION YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH HEREIN. IF YOU VISIT THIS WEB SITE, YOU EXPRESSLY ACCEPT THIS TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES OR SOFTWARE; AND YOU MAY NOT ACCESS OR USE ANY OF THE 1UP VISION OR 1UP VMS COMPONENTS.


LICENSE AND ACCESS

Subject to the restrictions listed below, we grant you a revocable, non-exclusive, limited license (the “Limited License”) to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website (collectively, the “Contents”). Unless explicitly granted herein, all rights are reserved by 1UP Vision. Prohibited uses of this Website and the Contents include, but not limited to, downloading this Website or the Contents (other than page caching) without 1UP Vision’s prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of any of the 1UP Vision components or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.
 

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Website (collectively, “Software”) are the copyrighted work of 1UP Vision. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Moreover, you may not access or download the Software in breach of any law or regulation of your country. The Software is made available solely in accordance with the license agreement.

INTELLECTUAL PROPERTY 

This Website and all Contents, and any compilation thereof, are the exclusive property of 1UP Vision and protected by international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Website are trademarks and trade dress, as applicable, of us and may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages us. You may not use any of our logo or any other proprietary graphic or trademark without express written permission. Periodically on this Website, We makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and we make no claim to ownership of those marks.

USER ACCOUNTS AND PASSWORDS

Some of our Services may require you to open a user account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify us immediately if you become aware of any unauthorized use of your account or any breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another user’s account without the permission of that user.

USER CONTENT

We cannot and will not access any of the customer data until given prior permission to do so for the purposes of repair and maintenance.You are solely responsible for your account information, posted content, blogs, messages or other information (“User Content”) that you submit, publish or display (hereinafter, “post”) on the Website or transmit to other users.

We act as a conduit for the distribution and publication of User Content and have no obligation to screen communications or information in advance and are not responsible for screening or monitoring User Content. However, we may review and delete any User Content that, in the sole judgment of 1UP Vision, violates this Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of individuals in an illegal manner. We reserve the right to expel you and prevent your further access to the Website for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. We may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for us or may cause us to lose (in whole or in part) the services of its Partners, ISPs or other suppliers.

The following is a partial list of User Content and intent that is prohibited. The list below is for illustration only and is not a complete list of all prohibited User Content and intents:

  • is implicitly or explicitly offensive, such as User Content or action that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses, incites harassment or advocates harassment of another any group or individual;

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

  • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

  • contains restricted or password only access pages, or hidden pages or images;

  • displays or links to pornographic, indecent or sexually explicit material of any kind;

  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

  • provides instructional information about illegal activities or other activities prohibited by this Terms of Use, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other users.

 We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications provided to users. You acknowledge that any reliance on the information provided will be at your own risk.

We have no obligation to screen User Content in advance and are not responsible for screening or monitoring User Content posted by users. If notified by a user of communications which allegedly do not conform to this Terms of Use, we may in our sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. We have no liability or responsibility to users for performance or non-performance of such activities.

REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant to 1UP Vision that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Terms of Use; (b) all information provided by you to us is truthful, accurate and complete; and  you shall comply with all terms and conditions of this Terms of Use.(c)you either own the premises or have adequate permissions to access and modify the surveillance systems and bring changes to the surveillance infrastructure. In addition to this you are also authorized to view the video streams through all the cctv systems you use 1UP Vision for.

TERMINATION

This Terms of Use is effective upon your acceptance as set forth herein and shall continue in full force until terminated. 1UP Vision reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Services; (b) suspend your access to or use of all or any portion of the Services; and (c) terminate these Terms of Use.

DISCLAIMER OF WARRANTIES :

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL  WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE. YOUR SOLE AND EXCLUSIVE REMEDY HERE UNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.


RESTRICTIONS & PROHIBITED USES

We prohibit any use of the Website other than as described in this Terms of Use, and you agree not to do any of the following:

(1) delete or revise any material posted by any other person or entity;

(2) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;

(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website,

(4) frame or link to any of the Content or information available from the Website.

You may not use the Website in order to transmit, distribute, store or destroy material, including without limitation the Content,

(a) in violation of any applicable law or regulation,

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.

(5)You are prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

MISCELLANEOUS :

We  shall have the right, at any time and without notice, to add to or modify the terms of the Terms of Use, simply by posting such amended terms herein. Your access, link to or use of the Services after the date such amended terms are posted or delivered to your account with the Services shall be deemed to constitute acceptance of such amended terms.

This Terms of Use shall be governed by the laws of India without reference to conflicts of laws. All actions, claims or disputes arising under or relating to this Terms of Use shall be brought in the federal or state courts in the state of India. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in India. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in India and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in India.

If any action in law or in equity is necessary to enforce the terms of this Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

If any provision of the Terms of Use is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Terms of Use shall remain enforceable.

No waiver of any term, provision or condition of this Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties’ last known e-mail address. You hereby consent to notice by e-mail.

This Terms of Use constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services.
Any changes or additions in the  our Terms of Use or Privacy policies will be updated on the pages provided in www.1upvision.com and the changes will be applicable from the date they are posted on the website.

 CONTACT US

Two Horizon Center, DLF Phase 5, Gurugram, Haryana 122002, India

+91-9667165553

Copyright @ 2018 1UPVision