General Terms of Use

Last updated: April 14, 2021

These General Terms of Use (“Terms”) governs your access to and use of the website (https://encourage.hik-proconnect.com/) and its sub-sites (collectively the “Site”) provided and administered by HIKVISION EUROPE B.V. and its affiliates (“Hikvision”, “we”, “our”, or “us”).  

Please read these Terms carefully. By accessing the Site you acknowledge that you have read, understood and agreed to these Terms. In case you do not understand or agree to any of these Terms, you should immediately exit the Site.

For certain functions or services of our Site, additional HIKVISION terms or requirements for certain functions or services may apply. In case of any conflict between such additional terms and these Terms, the additional terms shall prevail for the aforementioned certain functions or services.

1 Changes to the Terms or Site

HIKVISION reserves the right, at its discretion, to modify these Terms, provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these modifications are reasonable for you, taking into account your interests.

All modifications become effective upon the revised Terms posted at the Site or otherwise made available to you. If you do not agree to the revised Terms, please immediately exit the Site.

We may also change, upgrade, discontinue, or temporarily suspend any feature or component of the Site and/or its content at any time without notice.

2 Site Content

The Site Contents include but are not limited to the text, images, data, points of views, suggestions, web pages offered on or through the Site. The Site Contents are provided for your convenience only. Although HIKVISION has attempted to provide accurate information on the Site, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information. HIKVISION may change the contents available on the Site or the products mentioned at any time and without notice.

3 Software Content

HIKVISION or its licensors own and retain all rights, including all applicable intellectual property rights, in all software available on the Site, in both source and binary forms, sample code, associated documentation, and other related materials (collectively, "Software Content").

Unless you have obtained relevant license through other agreement entered between you and HIKVISION, nothing in these Terms grants any right or license to Software Content to you, and you shall not:

• copy or reproduce the Software Content or any part thereof, in any form;
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software Content;
• use the Software Content in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of HIKVISION, its third-party providers, or any other third-party;
• modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of the Software Content or any part thereof (except to the extent applicable laws specifically prohibit such restriction); or
• use the Software for any service bureau, time-sharing, resale, or similar purposes.

4 Your Use of the Site

You shall not use the Site and/or the Site Content for any purpose that is illegal or forbidden by these Terms, in connection with any illegal purposes, or to solicit the performance of any illegal activity or activities that infringe on the rights of HIKVISION or any third party.

You shall not gain unauthorized access to any portion of the Site, or to any of the services offered on or through the Site, or to any other systems or networks connected to any HIKVISION server.

You shall not take any action that will place an excessive load on the Site, including but not limited to its infrastructure, systems, and networks.

You shall not obtain, or attempt to obtain, any Site Content through any means not purposely available through the Site or use any manual or automatic process, device, program, algorithm, or methods to access, obtain, copy, or monitor any portion or content of the Site.

You shall not test by scanning or other means the vulnerability of the Site or any networks connected to the Site, nor breach the security or authentication measures of the Site and the services offered on or through the Site. You shall not reverse lookup, trace, or attempt to trace any information of any other users or visitors of HIKVISION or the Site, or exploit or reveal any information or services offered on or through the Site.

You shall not interfere with or attempt to interfere with the proper operation of the Site and other user's use of the Site by any means, including but not limited to using any device, software, or program.

When using the Site and its content, you agree to comply with applicable laws and obey social ethics. You shall not use the Site and its content to produce, read, copy, or disseminate any information that is illegal, to infringe on any other person's rights, or to disturb the social order and undermine social stability. You shall not use the Site and its content to engage in any activity that endangers cyber security and any computer system.

4 Intellectual Property

All trademarks and logos displayed, mentioned or otherwise used in the Site are property of HIKVISION or its licensors as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission from HIKVISION or such licensors as applicable.

All contents on the Site are copyrighted by HIKVISION or applicable licensors unless otherwise stated. Without prior written consent of HIKVISION or other related parties, any content on the Site shall not be reproduced, modified, promoted, distributed, photocopied, played, disassembled, reverse engineered, decompiled, linked or transmitted with hyperlinks, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any other purpose by any person by any means.

5 Privacy

HIKVISION will not collect any of your personal information through the Site, except for the following:

When you log into the account, you may, at your own option, provide registration information, like your name, phone number, email address, etc. HIKVISION uses your personal information to increase the safety of the Services, such as user authentication, security protection, fraud detection, filing and backups.

HIKVISION will not disclose your personal information, unless (I) with your prior written consent; (II) in accordance with the applicable laws and regulations, or where required by competent authorities; (III) as required to offer the Services; or (IV) to protect its legitimate interests, for example, to defend its rights on administrative or judicial procedures or in case its business or parts thereof is transferred to sold to another party.

6 User Accounts and Profiles

In order to access the Site, obtain certain functions or services of our Site, or use certain Hikvision services, you need to apply for an account from us. We will allocate an account to you, once the information is verified.

You represent and warrant that: (i) all required information you submit is truthful, accurate and complete; and (ii) you will maintain the accuracy, security, and confidentiality of such information and your password; and (iii) your use of the Account does not violate any applicable law or regulation. You have no right to transfer your Account to any other third parties in any manner. We are not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any breach of security. You may be held liable for losses incurred by us or any other HIKVISION users due to someone else using your Account as a result of your failing to keep your Account information secure and confidential.

You may not use anyone else’s Account at any time without the express permission and consent of the holder of that Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Closing your Account.  You may contact us in order to close the account.

7 Use of cookies

We also use cookies and other technologies to keep records, store your preferences, improve our advertising, and collect certain non-identifying information, like log data and device data. This allows us to better understand how you use our Services, diagnose and troubleshoot any problems you’re having, and otherwise administer and improve our Services. The use of cookies also helps you to smoothly navigate our websites. You can set your browser to detect and reject cookies.

Please see more information in our Cookie Policy.

8 Links to Third Parties

Although links to third party websites may be contained in the Site for your convenience, HIKVISION shall not be responsible for any content of any such websites. You might need to review and agree to applicable rules of use when using such websites. In addition, a link to third-party website does not imply that HIKVISION endorses the website or the products or services referenced therein.

9 DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED ON“AS IS” BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. HIKVISION HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10 LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, AND/OR LOSS OF BUSINESS, IN CONNECTION WITH THE SITE OR THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE CONTENTS CONTAINED HEREIN, EVEN IF HIKVISION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE AGREED IN WRITING BY HIKVISION IN ANY OTHER AGREEMENT, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, HIKVISION SHALL NOT BE LIABLE FOR THE MATERIALS OF THE SITE, REGARDLESS OF THE REASON OF THE LIABILITY OR THE TORT THEORY IT BASED ON.

11 Governing Law and Dispute Resolution

You agree that your access and all related activities on or through the Site shall be governed by, construed, and interpreted in accordance with the laws of the People's Republic of China. You agree that any dispute between the parties arising out of or in connection with these Terms or your access and all related activities on or through the Site shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in some jurisdiction where such dispute resolution may be prohibited. For example, if you are a user based in the European Union, you may make a claim in the courts of the country where you reside.

12 Contact Us

Should you have any questions, please contact us immediately via email at support@hikvision.com.

HIKVISION EUROPE B.V.