Premium Services offers the Web Portal and associated Mobile Applications which are used to provide a premium function for the Spartan line of cameras.
The Site is open to anyone, but some of the Premium Services are only available to registered members (“Members”). You can visit the Site without registering and we will consider you a “User.”
When you become a Member, you agree to the following:
- You have provided true information when you registered to be a Member;
- You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirming e-mail which may require a response to complete your registration or keep it active;
- You will notify us if something changes;
- You are not breaking any laws when you use the Premium Services; and
- You will not violate these Terms as a Member.
If you become a Member, you are responsible for the Content and activities in your account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.
Premium reserves the right to terminate your Membership at any time (even if you’ve paid), without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.
For example, please note that it is our policy to terminate the accounts of Members who repeatedly infringe the intellectual property rights of others. We have a similar policy for Members who violate these Terms or commit illegal acts using the Site or Premium Services—although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the Site or Premium Services or terminate a Member’s account when something similar occurs.
You may cease use of the Premium Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content (defined below). You’ll be responsible for any damages that result from your breaking those promises as further outlined below.
Cost and Pricing
- Visiting: There is no cost to visit the Site or to register as a Member.
- Free Credit: Each newly registered Premium camera will add one free credit to your account providing full use of the portal services for one month for one camera. This is not applicable to all models.
- Premium Service: These are in the form of monthly credits that you purchase online. A monthly credit will provide for a single camera to operate for one month against the web portal and in conjunction with our free mobile applications. If you are a user of one of these services, we consider you a “Paying Member.” All Terms apply unless explicitly stated.
Premium continues to grow and get better because of users like you (Thank you!). Each camera that consumes a monthly Premium Service credit is provided with one month of photo uploads and other real-time interactions using the web portal and mobile applications. Photos are maintained on our server for up to 30 days before they are individually purged. There are no restrictions on the number of photos a camera can upload including thumbnails and high res images during the 30 days of operation. Your device wireless plan covers the bandwidth used and your Premium Credit provides complete use of the portal and mobile apps for your active devices.
Videos are maintained on our server for up to 7 days before they are individually purged. There are no restrictions on the number of videos a camera can upload during the 7 days of operation. Your device wireless plan covers the bandwidth used and your Premium Credit provides complete use of the portal and mobile apps for your active devices.
Content & Privacy
You retain all your rights to any Content you submit, upload or display on or while using Premium. This means that you own all the Content you post and are responsible for its settings:
- Your content is considered private and not visible to other users or the public internet.
- It is considered a misuse of the Premium Service to provide your user credentials publically and doing so may result in termination of your account and removal of your content.
- Providing direct links to your content is also prohibited.
- By allowing your camera to upload photos, you are confirming that the Content is yours—no one else’s—and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others’ rights or are using Content that is not yours, Premium has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
- Premium may moderate Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Content.
- If you stop using the Premium Services, your Content may remain on the Site unless you actively remove your Content. Photos will be purged after a 30 day retention period automatically. Videos will be purged after a 7 day retention period automatically.
- In order to continue to improve the Site and Premium Services, we may use software and other things on the Site that we own or that have been licensed to us (“Premium Software”). Premium has also created the look, feel and architecture of the Site and has posted certain images and videos (“Premium Content”). Together the Premium Content and Premium Software are the “Premium Materials.” Premium Materials are ours and remain ours. Except in viewing the Site, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Premium Software.
- Our Webmaster and IT technicians reserve the right to investigate issues or problems on our server during the course of normal operation. This may mean that your content is visible to us during the diagnosis of said problems. We will take every precaution to maintain the privacy of your content at this time. If you are involved in a technical issue with the site software, it may be necessary to study your account settings and content during the diagnosis of the issue.
Limits on Use
- It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other Users’ enjoyment of the Site or Premium Services or use the Site to deceive, harass or solicit people.
- It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
- It is up to Premium whether to terminate your use for violation of these prohibitions or similar activities.
Retention and Deletion
We keep your personal information only so long as we need it for the purposes for which it was collected, for the products and services that you are using, or to meet any legal requirements. We have retention standards, which meet these requirements. We destroy your personal information when it is no longer needed. Photo uploads by your camera devices are currently maintained for a 30 day period. Each night photos that are 30 days or older are purged from the server. Video uploads by your camera devices are currently maintained for a 7 day period. Each night videos that are 7 days or older are purged from the server. We urge you to maintain your own backups of your images/videos based on your particular needs.
Other Important Guidelines
- Our Site is hosted in the US. There may be more or fewer protections for you in your country than here.
- Software available in connection with the Site and services offered through the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Premium Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- These Terms are governed by, and interpreted in keeping with, the laws of the State of Georgia, regardless of any conflict of law provisions. You and Premium agree to submit to the exclusive jurisdiction of the courts located within the State of Georgia to resolve any dispute arising out of the Agreement or the Premium Services. YOU AND Premium HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- As a Member of Premium, if you become aware of misuse of the Premium Services by any person, please email email@example.com and include a sample of the misuse.
- You use the Site at your own risk and the Site and services are provided “AS IS.”
- We are not saying that the Site will meet any of your specific needs or that you will get any particular results if you use the Site. We are not responsible for the conduct of other Users’ conduct on- or off-line.
- We encourage you to always keep backups of your Content. Premium is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the Site or services causes you to lose any Content—even if you’re a Paying Member.
- While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
- We are not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications, including our print vendor.
- Spartan provides cellular data usage estimates usage based on image or video file sizes and are not actual data usage as billed by cellular wireless carriers. Actual billed data will vary based on overhead, cellular network conditions including capacity and coverage potentially causing data transmission retries and ineffective attempts. Please also be aware that firmware updates to your camera processed over the cellular carrier network may also use your data allowance.
Things to Keep in Mind
- Limitation on Liability. IN NO EVENT SHALL Premium BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Premium SERVICES, EVEN IF Premium HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PREMIUM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Premium FOR THE Premium SERVICES DURING THE TERM OF MEMBERSHIP.
- Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Premium, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Premium Services in violation of that and/or arising from any Content that you post on or through the Site and Premium Services.
- Some Obligations Continue Even After You’ve Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and Premium Services. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.
- In order to comply with Internet and server protocols, any account that attempts to send images to an email address which repeatedly “bounces” or returns image messages as undeliverable will be blocked from service. Any email address associated with an account that results in a spam or violation of service report against Spartan Camera servers will be blocked from service.
- Due to the nature of image transmission via wireless networks, Spartan Camera is not responsible for delays in, or reception of, images transmitted by any Spartan camera.
- If you are using an MMS-to-email service provided by your wireless carrier and that service is discontinued or eliminated by your carrier, Spartan Camera is not responsible for the lack of this service or bound to provide a replacement.
- We reserve the right to make changes without notice to the Premium Service.
The information in this document is subject to change without notice and should not be construed as a commitment by Spartan Camera. Spartan Camera assumes no responsibility for any errors that may appear in this document.
In no event shall Spartan Camera be liable for incidental or consequential damages arising from use of this document or the software and hardware described in this document.
This document and parts thereof must not be reproduced or copied without Spartan Camera written permission, and contents thereof must not be imparted to a third party nor be used for any unauthorized purpose. Contravention will be prosecuted.
Additional or updated copies of this document may be obtained from Spartan Camera website. By using Spartan products and services you are agreeing to every provision of this Agreement whether or not you have read it.