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WARRANTY && GUARANTEE
Warning: WHEN USING THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR (EACH AS DEFINED BELOW) PLEASE BE AWARE THAT:
(I) THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS NOT A SUBSTITUTE FOR THE RESPONSIBLE PARENTAL/ADULT SUPERVISION OF A CHILD.
(II) THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS SUBJECT TO TECHNICAL OR OTHER FAULTS, BOTH WITHIN AND BEYOND OUR CONTROL (FOR EXAMPLE, AN INTERNET OR TELECOMMUNICATIONS DISRUPTION OR LOSS OF ELECTRICITY OR BATTERY).
(III) THE DEVICE AND/OR EVOZ BABY MONITOR SHOULD NOT BE PLACED IN THE SAME COT OR BED AS A CHILD; THE RECOMMENDED DISTANCE FOR OPTIMAL USE IS ONE (1) TO EIGHT (8) FEET AWAY FROM A CHILD.
(IV) YOUR USE OF THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS ENTIRELY AT YOUR RISK.
These Terms govern your (i) use of the websites www.evomonitors.com, www.myevoz.com, and any other website that Evo operates (each, together with its content and services, the “Site“); and (ii) to the extent that such use is not covered by a separate end user license agreement entered into between you and Evo, your use of a mobile application that Evo licenses to you, including without limitation, the Evo Monitor Application, (each, together with its content and services, an “App“). The Site and App are individually and collectively referred to as the “Service“.
6.1. Responsibility. The Service permits the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
6.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Evo to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. Youretain all of your ownership rights in your User Submissions.
6.3. License. By submitting the User Submissions to Evo, you hereby grant Evo a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service only, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
6.4. Prohibited Content. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
6.5. Exposure. You understand and acknowledge that when accessing and using the Service (i) you will be exposed to User Submissions from a variety of sources, and that Evo is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Evo with respect to (i) and (ii) herein.
6.6. Modification to/Deletion of a User Submission. You may modify or delete at any time any User Submission that you posted by using the applicable tools provided within the Service.
6.7. Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
6.8. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Evo, its users or the public.
7.1. The Service enables you to (i) monitor and listen-in to an Evoz Baby Monitor or a Device (each as defined below) through your Account; (ii) receive telephone calls (including, landline, mobile, and VOIP) to a number nominated by you; and (iii) receive text message/SMS and email alerts and updates (collectively, the “Monitoring and Notification Services“). “Evoz Baby Monitor” means a hardware Evoz Baby Monitor, that you own and control, and which you place in the room of a Child for the purpose of monitoring and listening-in to the Child. You acknowledge and agree that your use of the Evoz Baby Monitor is subject to the terms and conditions that you entered into at the time of purchase. “Device” means a mobile device, that you own and control, upon which you have installed an App, and which you place in the room of a Child and use to function in a manner that is substantially similar to the Evoz Baby Monitor.
7.2. If you choose to receive Monitoring and Notification Services, you acknowledge and agree that (i) we may communicate with you by telephone, email, text message/SMS or other electronic means; and (ii) you may be charged the following amounts in connection with certain Monitoring and Notification Services: (a) such Evo fees as may be published on the Site (as amended from time to time); and (b) your telecommunications carrier’s or internet provider’s rates for telephone calls, text messages/SMS, data, internet access and other rates and fees. We do not currently charge for receiving messages via text message/SMS. However, you understand and agree that you may be charged for the cost of receiving text messages/SMS or other text messages according to your telecommunications carrier’s messaging, data and other rates and fees.
13.1. The Service and/or Evoz Baby Monitor is not a substitute for the responsible parental/adult supervision of a Child.
13.2. The service and/or Evoz Baby Monitor are subject to technical or other faults and disruptions, both within and beyond our control (for example, an internet or telecommunications disruption or loss of electricity or battery). YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON THE SERVICE AND/OR EVOZ BABY MONITOR.
13.3. The Device and/or Evoz Baby Monitor should not be placed in the same cot or bed as a Child; the recommended distance for optimal use is one (1) to eight (8) feet away from a Child.
13.4. Any information that you obtain in connection with the Service (including, without limitation, in connection with the Monitoring and Notification Services and any data regarding the sleep patterns of a Child) is not intended to constitute medical advice. IF YOU HAVE ANY CONCERN REGARDING THE SLEEP PATTERNS, HEALTH, BEHAVIOR, OR CONDUCT OF A CHILD WE ADVISE THAT YOU SEEK APPROPRIATE MEDICAL OR OTHER PROFESSIONAL ATTENTION.
14.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT EVO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (INCLUDING, WITHOUT LIMITATION, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), ANY TELECOMMUNICATIONS CARRIER, AND/OR ELECTRICITY OR BATTERY OUTAGES.
14.2. EVO DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT EVO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14.4. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE (INCLUDING USERS TO WHOM YOU HAVE SENT A USER SUBMISSION) AS WELL AS ANY THIRD PARTY SERVICE PROVIDERS THAT YOU ENGAGE. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER, YOU AGREE THAT EVO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. EVO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
14.5. EVO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, AND DISCLAIMS ANY LIABILITY, WITH RESPECT TO THE QUALIFICATIONS, EXPERIENCE, SUITABILITY, OR EXPERTISE OF ANY THIRD PARTY SERVICE PROVIDER THAT YOU MAY BE REFERRED TO IN CONNECTION WITH YOUR USE OF THE SERVICE AND THAT YOU CHOOSE TO ENGAGE OR INTERACT WITH. YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH THIRD PARTY SERVICE PROVIDER IS ENTIRELY AT YOUR SOLE COST AND RISK.
Last updated: 10 July 2011