Reconyx Terms of Service
This document details the terms of service for Reconyx customers who choose to use Reconyx products and services. Reconyx, Inc. is located at 3828 Creekside Lane in Holmen, WI 54636 USA. By using our products and/or services, you are agreeing to these terms. Please read them carefully.
Reconyx offers various standalone, wireless, and cellular camera products along with mobile apps, desktop software, cloud storage, and wireless network access either directly, or through third party cloud storage and cellular providers.
- Your Acceptance
- You should periodically review the most up-to-date version of these Terms of Service (which will be published on our website (www.reconyx.com). Reconyx, Inc., may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- Any violation of these Terms may result in termination of our services to you.
- You agree not to misuse any of our products and/or services. You may use our products and services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing services to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct.
- Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic and safety laws.
- Access and Use
- During the term of this agreement, Reconyx Inc. grants you a limited, non-exclusive, nontransferable right to access and use available Reconyx software and services in accordance with these Terms of Service. Reconyx reserves the right to discontinue any aspect of the service at any time.
- Users may not engage in any of the following prohibited activities:
- Attempting to interfere with any of the services Reconyx provides or to compromise system integrity or security.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide you identity.
- Collecting, extracting, or harvesting any personally identifiable information including account names, address, etc. from our servers, software, and apps.
- Using Reconyx products or services for any unlawful or illicit activity.
- Reselling access to Reconyx cellular and cloud services.
- Moving a Reconyx supplied SIM card to a non-Reconyx device.
- Responsibility for your account.
- In order to access some of Reconyx’s services, you will have to create a Reconyx account. You are entirely responsible for maintaining the confidentiality of your account information and passwords. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Reconyx immediately of any unauthorized use of your account or any breach of security.
- Reconyx will do all it can to maintain system security and prevent unauthorized access. However, in the event of a security breach, Reconyx will not be liable for any loss, including any loss of data associated with your account. You acknowledge that you provide your personal information at your own risk.
- You may be liable for Reconyx losses incurred due to unauthorized use of your account. In order to protect yourself, it is in your best interest to keep your account information secure.
- You may not use anyone else's account at any time, unless you have obtained permission to do so by the duly authorized account holder.
- Reconyx reserves the right to terminate and delete the contents of any account that has been inactive for a period of at least one year. Reconyx will not delete any data or information without making a good faith attempt to notify the account holder of impending action to remove account and data.
- You may terminate this agreement and cancel your account with Reconyx at any time you so choose. However, if there is an outstanding balance due Reconyx for products or services at the time of termination, you are still responsible for paying these bills.
- ou acknowledge that your data (not including credit card information) may be transferred unencrypted and involve transmission over various networks. Credit card information is always encrypted during transfer over networks.
- Reconyx reserves the right to change and improve services at any time. We may add or remove features and function, and we may suspend Service altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to extract your personal data and content from that Service.
- Fees for products and services.
- Reconyx products may be purchased directly from Reconyx, or through any of our authorized resellers worldwide. Authorized resellers are listed on our web site (reconyx.com).
- Reconyx data services are available for purchase only through Reconyx Inc. Under no circumstances will you be charged for data services unless Reconyx obtains your prior consent to pay these fees. Any and all information related to fees will be prominently displayed and posted on your account. You will have access to all billing records through your account.
- You agree to pay all taxes and mandatory fees associated with the services provided to you by Reconyx through your account.
- Reconyx reserves the right to amend the rates charged for any given service at any time. However, before any new rates will be charged to your account, you will be given notification of such rate changes, and you will have the option of agreeing to the new rates, or of deactivating your account.
- Data Security and Integrity
- Reconyx will do all it can to ensure your data is accessible only to you and any authorized users you designate as having access to your account.
- Reconyx will not be liable for unauthorized use of your account or access to your data.
- Reconyx will do all it can to ensure reliable transmission of data from your camera(s) to our servers and from our servers to your mobile devices and computers.
- Reconyx will not be liable for interruptions in service that occur as a result of either human error or acts of God. Reconyx uses third-party servers and cellular networks to provide its services to you. Reconyx does not have control over these third-party systems and networks and therefore cannot be held liable for disruption in services.
- From time to time Reconyx may access some, or all, of your Account data in order to provide services to you, perform trouble shooting, improve services, etc. Reconyx may also use third-party vendors to provide services to you.
- Reconyx utilizes a third-party credit card processor to collect and process your credit card data and payment information. For purposes of clarity, Reconyx does not or store your credit card information.
- Software updates: when a Service requires or includes downloadable software, this software may update automatically on your device(s) once a new version is available. Some services may let you adjust the automatic update settings.
- General Use of the Service—Permissions and Restrictions
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Reconyx, subject to copyright and other intellectual property rights under the law.
- Content is provided to you “as is”. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Reconyx on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Reconyx or the respective licensors of the Content. Reconyx and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- Your Content and Conduct
- As a Reconyx account holder you may submit Content to the Service, that may include videos, photos, and user comments. You understand that Reconyx does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Reconyx all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain your ownership rights in your Content. However, by submitting Content to Reconyx, you hereby grant Reconyx a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Reconyx's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Reconyx all of the license rights granted herein.
- You acknowledge that Reconyx is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, Reconyx reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
- Reconyx does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Reconyx expressly disclaims any and all liability in connection with Content. Reconyx does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Reconyx will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Reconyx reserves the right to remove Content without prior notice
- Reconyx will comply with all duly executed and valid subpoenas for account information and content that may be requested by governmental authorities in their investigations of wrongdoing by users of its service.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RECONYX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. RECONYX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. RECONYX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY THROUGH THE SERVICES.
- Limitation of Liability
IN NO EVENT SHALL RECONYX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE 4839-3414-2894, v. 1 POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RECONYX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Reconyx from its facilities in the United States of America. Reconyx makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Reconyx, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Reconyx without restriction.
You agree that: (i) the Service shall be deemed solely based in Wisconsin; and (ii) the Service shall be deemed a passive service that does not give rise to personal jurisdiction over Reconyx, either specific or general, in jurisdictions other than Wisconsin. These Terms of Service shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. Any claim or dispute between you and Reconyx that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in La Crosse County, Wisconsin. These Terms of Service, together with the Privacy Notice and any other legal notices published by Reconyx on the Service, shall constitute the entire agreement between you and Reconyx concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Reconyx's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Reconyx reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.