Introduction
Helio’s H-View Service is a real-time monitoring
system utilizing a 3G multimedia network.
Homes, offices, and business establishments can be monitored in
real-time directly from a Helio handset.
The service is exclusive to Helio devices.
Acceptance of terms
BY
USING AND/OR VISITING this service (collectively, including all content
available through the Helio.com domain name, the "H-View Service", or
"Site"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS OF HELIO'S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.helio.com/page?p=privacy
, AND INCORPORATED HEREIN BY REFERENCE. Helio reserves the right to change this
service at any time. If you do not agree to any of these terms, then please do
not use the H-View Service. User Obligations & Age
Restrictions
You must independently obtain
access to the internet, including all necessary webcam and computer equipment
to run the H-View Service, and pay any service fees associated with internet
access. H-View Service is accessed
by downloading the Helio Video Real-Time (“HVR”) program to your PC, pairing a
webcam with the Helio device and accessing the feed using your Helio device. At this time there are no plans for MAC
compatibility.
You affirm that you are more than
18 years of age, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply with these Terms of
Service. You agree that you will
not allow a person under the age of 18 to use the H-View Service. You will receive a password for
connection with your webcam and agree to keep any password or connection
information confidential. You
assume total responsibility for any outsider activity, and charges resulting
from use, of the service in the time period between losing a Helio handset and
reporting it to the company. You further
agree to immediately notify Helio of any unauthorized use of the password or
any breach of security and that you exit entirely from the connection after
each session.
Restrictions on Use
You will not use the H-View
Service in any unreasonable way, including continuous or long term
monitoring. You agree that it is
your responsibility to determine what content is appropriate for your own
viewing. You also agree to not use
the H-View Service to stream adult or mature content. You may only use the H-View Service for
lawful purposes only, which means that you may not transmit any material which
violates or infringes in any way upon the rights of others, which is any
threatening, abusive, defamatory, invasive of privacy of publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages illegal
conduct, gives rise to civil liability or otherwise violates any law, federal,
state or otherwise. You may not use
the service as a marketing tool, to advertise or to submit solicitations. Helio may determine, in its sole
discretion, any conduct that violates this Terms of Service and restrict or
inhibit use of the H-View Service and to terminate your Helio account.
How end users can use the H-View
Service
H-View
Service is provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted, broadcasted,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. Helio
reserves all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including any use, copying, or
distribution of User Webcam Feeds of third parties obtained through the Site
for any commercial purposes. Helio
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of the HVR software; provided that you do not copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the software. You agree not to circumvent, disable or
otherwise interfere with security related features of the H-View Service or
features that prevent or restrict its use. You agree to not access the H-View Service
by any means other than through the interface that is provided by Helio in
accessing the H-View Service. User Webcam Feed content and
confidentiality
You represent that any content to
be streamed will not violate copyright, trademark, trade secret, patent, right
of publicity, right of privacy or other rights of third parties. You further agree that you will not
publish any content that contains words or scenes that are profane, sexually
explicit, depict graphic violence, or contain defamatory communications or
communications that deride or promoted discrimination or violence against any people
on account of their race, national origin, religion, age, gender, disability or
sexual orientation. If you download
or print a copy of the content for personal use, you must retain all copyright
and other proprietary notices contained therein. You understand that, due to the fact
that the webcam feed is transmitted across the internet, Helio cannot
technologically guarantee any privacy or confidentially with respect to any
webcam feed.
Copyright
You
shall be solely responsible for your own User Webcam Feed and the consequences
of streaming content from the webcam. In connection with the feed, you affirm,
represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to stream the feed to
a Helio device and within the appropriate manners of use according to these
Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User Webcam
Feed, in the manner contemplated by the Site and these Terms of Service. In
connection with your User Webcam Feed, you further agree that you will not: (i) submit material that 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 or have
permission from their rightful owner to post the material; (ii) publish
falsehoods or misrepresentations that could damage Helio or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business:; (v) impersonate another
person or (vi) submit material that violates any rules, regulations, or
policies of the Federal Communications Commission or other governmental
entities or competent jurisdiction. User ownership rights
For
clarity, you retain all of your ownership rights in your User Webcam Feed.
However, by submitting the User Webcam Feed on the H-View Service, you hereby
grant Helio a non-exclusive license to access your User Webcam Feed through the
Site, and to monitor transmissions for misuse
according to the restrictions listed above. Network information
Real-time transmissions are
subject to network and device conditions and display of the feed may have up to
a minute lag. The service may not
be available Thursdays, 3:00pm – 5:00pm (Eastern Time) due to routine weekly
inspections as well as emergency system inspections.
Fee information
Access to the H-View Service feed
on your Helio device is purchased by blocks of minutes at rates as determined
solely by Helio. Helio may change
rates and the rate structure at any time with or without notice. Blocks of minutes are not subject to
monthly expiration and last until all minutes are used. Taxes and fees are extra. A La Carte members
will also accrue data transmission charges. The amount due will be added to the
Helio billing invoice and is in addition to the regular Helio monthly plan
charges.
Right to terminate access
Helio
does not permit copyright infringing activities and infringement of
intellectual property rights on the H-View Service, and Helio will restrict H-View
Service access if notified that activities infringe on another's intellectual
property rights and may terminate your account. Helio reserves the right to remove,
terminate or modify H-View Service access and your Helio account without prior
notice. Helio
also reserves the right to decide, in its sole discretion, whether content or a
User Webcam Feed is appropriate and complies with these Terms of Service for
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Helio may remove any User Webcam Feed and/or
terminate a User’s access for future transmission of any material for violation
of these Terms of Service at any time, without prior notice and at its sole
discretion. Right to cancel a user account
Helio
will terminate any User’s access to the H-View Service and the associated Helio
account if Helio determines that that User has violated Helio’s
general terms and conditions and the H-View Service terms of service. Liability
You
understand that when using the H-View Service, you will be transmitting your
webcam feed directly to your or another person’s Helio device and that Helio
has no control over what images are transmitted. You further understand and acknowledge
that you may be exposed to images from your own feed that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against
Helio with respect thereto, and agree to indemnify and hold Helio, its
owners/operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the H-View Service. Further,
you agree to indemnify and hold harmless Helio, parents, subsidiaries,
affiliates, officers, employees and agents from and against any loss,
liability, claim, damage, and expenses (including reasonable attorneys’ fees)
from any claims, assertions or suits brought by any third party arising from or
in connection with your use of the H-View Service. Legal jurisdiction
You
agree that: (i) the H-View Service shall be deemed
solely based in |