Terms and Conditions

Terms and Conditions

Jabbakam Limited Terms and Conditions

Welcome to Jabbakam.com (the “Site”), the website of Jabbakam Limited (“Jabbakam” or “We”). We are registered in Guernsey under Company number 51085 and our registered office is at Kingsway House, Havilland Street, St Peter Port, Guernsey. By accessing and using the Site you signify that you have read, understood and agree to be bound by these terms and conditions (the “Terms”), whether or not you are a registered member (“Member”).

About the Site

The Site is a web-based application that enables the collation and management of video and other data generated across Member-defined Networks of compatible internet protocol cameras (“Cameras”) and other IP devices. The Site is a platform to enable Members to monitor, and if they choose, to share, events recorded by their own Cameras. Individual responsibility is the core idea behind the Jabbakam system. The Site is intended to facilitate an online, digital community of responsible individuals.

Compatible Cameras

Jabbakam (UK) Limited, a wholly-owned subsidiary of Jabbakam incorporated in England, offers a Jabbakam.com compatible Camera, for sale via the Site. Separate terms and conditions (the “UK Terms”) apply to any purchase of goods from Jabbakam (UK) Limited (“Jabbakam UK”), which can be viewed here and are incorporated by reference into these Terms.

A list of further Cameras compatible with the Site is available in the Supported Cameras article.

Membership Benefits

Account

Upon registration, a Member will be allocated a personal Jabbakam account (the “Account”) and will be requested to choose a password in respect of such Account.

The Member may then add one or more Cameras to their Account from which “Posted Content” may be uploaded to their Account. “Posted Content” means any data uploaded by a Member to their Account, including, but not limited to, text, photographs, images, audio data, captions and comments.

Networks

The location of all Cameras added to every Jabbakam Account will be entered on the Jabbakam “Camera Map”, which is open to inspection by all Members, unless the Member(s) who added such Camera(s) deliberately mark them as “hidden”. Members may then review the Camera Map to locate Cameras with which to form a “Network”.

Two or more Members may together agree to create a Network, which will involve the creation of a Network Account which will receive Posted Content from all Cameras connected to the Network. Each Network will have its own Network forum where members of that Network may post data captured by Network Cameras and discuss issues relevant to the Network.

The creator of a new Network shall automatically become the administrator of such Network, responsible for inviting new members and/or approving or rejecting Network membership requests. The administrator also has access to edit Network settings and can edit or delete any post on the Network forum.

Alerts

Members may elect to receive Activity Alerts and/or Monitoring Alerts in respect of their Cameras and/or any Camera’s in any Network of which they are a member. Activity Alerts are sent if and when your Camera is triggered by activity in front of it and Monitoring Alerts are sent if and when Jabbakam detects a problem with a Member’s Camera connection.

Members may choose to receive such alerts by way of e-mail or SMS/MMS. E-mail alerts are always free of charge however a Member must purchase a Text Credit Block in order to receive alerts by SMS or MMS.

Membership Packages (also referred to as “Jabbakam Service Bundles”)

Membership of the Site is conditional upon subscription to a monthly Membership Package for each Camera attached to the Site by the Member. There are various levels of Membership Packages from which Members may choose for each of their Cameras.

Each Membership Package allows unlimited uploading, downloading and viewing of Posted Content and unlimited e-mail alerts throughout the relevant month, however the Membership Packages differ as to the length of time each item of Posted Content uploaded from Cameras will be stored in the Account from the date upon which it was originally uploaded (the “Recording Storage Period”); 14 days, 45 days and 90 days.

The Membership Packages and the associated Membership Fees of each may also vary depending upon the type of Camera being attached.

We retain the right to vary the price and activity entitlement of Membership Packages without notice, subject to all such variations being applicable no earlier than the due date of the next monthly Membership Fee payment.

Membership Fees for Membership Packages are payable monthly in advance commencing on the date of your application for Membership of Jabbakam by way of a recurring payment set up via Secure Trading or PayPal. See the section headed “Methods of Payment” below for further details.

Members may cancel their payment authorisation by deleting the Camera to which the Membership Package relates. Upon such deletion, We retain the right to delete from the Site all Posted Content uploaded from that Camera.

When a Member has deleted all their Cameras, We will accept such cancellation as notice from such Member of the termination of their Account. Please see the section headed “Termination” for further details.

Text Credit Blocks

Members must purchase a block of SMS or MMS text messages (a “Text Credit Block”) in order to send Alerts by way of SMS or MMS. A Text Credit Block will grant the purchasing Member the right to send a specified number of Alerts by SMS or MMS, as defined by the number of credits within the Text Credit Block. Once the specified number of SMS or MMS Alerts has been sent no further SMS or MMS Alerts will be issued unless and until a Member purchases a further Text Credit Block.

Methods of Payment

Payments are made to Jabbakam or Jabbakam UK via Secure Trading, a leading independent UK trading processor, or PayPal. Both Secure Trading and PayPal process individual and/or recurring payments.

Site Use

All Members must adhere to the following basic rules of conduct while using and accessing the Site, including their Account and any Network Account of which they are a member:

  1. refrain from violating all applicable laws;
  2. refrain from using the Site to send unsolicited emails, bulk mail or spam to other Members or any other individual or entity;
  3. refrain from using the Site to harass, threaten, stalk or abuse other Members or other persons;
  4. refrain from using the Site to harm any person;
  5. refrain from posting any content on the Site that:
    • is obscene, vulgar, harmful or offensive in nature;
    • violates any lawful rights of privacy or the intellectual property rights of another;
    • contains objects or symbols of hate or intolerance;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or adversely affect the functionality of the Site including any Trojan horse, worm, time bomb or similar destructive code.
  6. refrain from interfering with other Members’ use of the Site;
  7. refrain from using the Site to invade the lawful privacy of others or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the Site;
  8. refrain from using the Services to create a false identity or to impersonate another person; and
  9. remain polite and courteous to Jabbakam and other Members at all times.

These rules are the minimum level of conduct. Jabbakam reserves the right at its discretion to suspend or terminate a Member’s right to use the Services provided on the Site if a Member violates any of the aforementioned rules of conduct or engages in other offensive or anti-social conduct.

Eligibility

By registering as a Member you represent and warrant that
(a) all registration information you submit is truthful and accurate,
(b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and
(d) your use of the Jabbakam Services does not violate any applicable law or regulation.

Posted Content

The Member hereby grants Jabbakam the right (including any moral rights) and licence to use the Posted Content on the Site for the provision of the Services.

The Member further warrants that if the Member is not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted the Member the right to grant the licence stated above.

The Member acknowledges and agrees that he is solely responsible for the content of any Posted Content. The Member is responsible for his own postings and for the consequences of such postings.

Jabbakam acts as a passive conduit for Posted Content and Jabbakam has no obligation to screen or monitor Posted Content. Jabbakam does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a Member. The Member acknowledges that any reliance on Posted Content by other Members is at the Member’s own risk. Jabbakam does not guarantee that each Member is who the Member claims to be, although reasonable steps may be taken to confirm the identity of all Members. Jabbakam is in no way liable for any misuse of Posted Content by Members.

Jabbakam is not involved in any Member-to-Member dealings and does not control the behaviour of Members. In the event that a Member has a dispute with one or more other Members, that Member releases Jabbakam from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

If Jabbakam becomes aware of any Posted Content that allegedly may not conform to these Terms, Jabbakam may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Jabbakam has no liability or responsibility to its Members for performance or non-performance of such activities.

Members accept that they may find some Posted Content mislabelled or deceptively labelled and due to the automatic nature of some Posted Content, may find such to be offensive, indecent, harmful or objectionable.

Jabbakam has the absolute right to remove and/or delete without notice any Posted Content that it deems objectionable. The Member consents to such removal and/or deletion and waives any claim against Jabbakam for such removal or deletion.

Subject to the Member complying with these Terms, Jabbakam shall store Posted Content that is uploaded to the Site in accordance with the relevant Recording Storage Period, but Jabbakam is not responsible or liable for failure to store Posted Content or other materials a Member transmits through the Site. It is the Member’s own responsibility to take measures to preserve copies of any data, material, content or information posted by the Member on the Site.

Copyrights, Trademarks and Other Intellectual Property

All content posted by a Member is the property of that Member and remains the copyright of that Member.

By posting Posted Content on the Site, the Member grants Jabbakam a transferable, non-exclusive, non-terminable, royalty-free licence to use the Posted Content for the provision of the Services in accordance with these Terms and grants other Members authorised by the Member a non-exclusive licence to access that Posted Content through the Site.

Subject to the Member’s compliance with these Terms, Jabbakam grants the Member a non-transferable, non-sublicensable right to access, view and print Posted Content only for the Member’s lawful use. The Member may not:-

  1. distribute any Posted Content to third parties, except where specifically authorised to do so by the Member who uploaded the Posted Content;
  2. use any Posted Content commercially, except as maybe permitted by separate licence explicitly attached to a particular piece of content; or
  3. otherwise copy, modify, distribute, publicly display or perform any Posted Content except as such acts may be permitted by separate licence explicitly attached to such Posted Content.

Except for Posted Content posted by that Member, no Member may copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content appearing on the Site.

All trademarks, service marks and logos used on the Site are the sole property of Jabbakam. These marks include but are not limited to “Jabbakam.com”, the “Jabbakam” logo design and other Jabbakam graphics, logos, designs, page headers, button icons, scripts and service names that are protected by copyright, trademark and other intellectual property laws. All content created by Jabbakam or any of its partners, suppliers or authorised agents and included on the Site, such as text, logos, graphics, images, java script code, html code and other software is the property of Jabbakam or its partners, suppliers or authorised agents. Jabbakam’s trademarks and trade address may not be used, including as part of trademarks, links and/or as part of domain names and may not be copied or imitated in whole or in part without the prior written permission of Jabbakam.

Passwords and Security

Upon becoming a member of the Site a Member will create a password. The Member is solely responsible for maintaining confidentiality and security of the password and each Member hereby agrees not to disclose the password to any third party. The Member agrees to notify Jabbakam immediately of any actual or suspected unauthorised use of the Member’s Account or Password.

The Member is solely responsible for any use of or action taken under the Member’s Account on the Site and jointly responsible for any use of or action taken under any Network Account of which he is a member, together with the other members of such Network. Personal Accounts and Network Accounts may be used only to post and access Posted Content and otherwise access and use the Site in accordance with these Terms. The Member accepts full responsibility for all transactions and other activity placed or conducted through the Member’s Account and agrees to and hereby releases Jabbakam from any and all liability concerning such transactions or activity.

Jabbakam has no obligation to enquire as to the authority or propriety of any use of or action taken under any Account or Network Account and will not be responsible for any loss to a Member resulting from any such use or action or from a Member’s failure to comply with the above.

Jabbakam will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications that expressly disclaims any and all liability for the accessing of any such data or communications by unauthorised persons or entities.

Jabbakam does its best to keep the Site safe, but cannot and does not guarantee it. In order to help Jabbakam keep the Site safe, Members agree not to:

  1. modify, adapt, translate or reverse engineer any portion of the Site or use any robot, spider, Site search/retrieval application, or other device to retrieve or index any portion of the Site;
  2. reformat or frame any portion of the Site;
  3. attempt to probe, scan or test the vulnerability of Jabbakam’s system or Network or breach any security or authentication measures;
  4. falsify any TCP/IP packet header or any part of the header information in any content or in any way use the Site to send altered, deceptive or false source identifying information;
  5. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site;
  6. use any meta tags or other hidden text or meta data utilising Jabbakam’s trademark or product name without Jabbakam’s express written consent;
  7. impersonate or misrepresent any Member’s affiliation with any person or entity through pretexting or any other form of social engineering or otherwise commit fraud;
  8. re-sell the Site in whole or in part;
  9. violate any applicable law, regulation or ordinance; or
  10. use the Site in any manner not permitted by these Terms,

and shall indemnify Jabbakam in respect of all accounts, costs, claims and liabilities whether direct or indirect howsoever arising from their failure to abide by these provisions.

Privacy Policy

Information we collect

When a Member registers with the Site or makes a payment to a Membership Package and/or an SMS Block, Jabbakam may ask the Member for certain information. Personally identifiable information that Jabbakam may collect upon a Member’s registration includes but is not limited to a Member’s full name, their password, their email address and date of birth.

Upon any payment made to the Site, Jabbakam may collect personally identifiable information including but not limited to a Member’s full postal address and payment card details. Other information Jabbakam may collect from time to time includes but is not limited to, a Member’s IP address, gender, time zone and telephone number.

The Member must provide and continue to provide Jabbakam with accurate, complete and updated information. If the Member fails to provide accurate, complete or updated information, Jabbakam may suspend or terminate the Member’s account with or without notice to the Member.

By using the Site a Member is consenting to the processing of the details provided. “Processing” means using cookies on a computer or using information in any way including but not limited to collecting, storing, deleting, using, combining and disclosing information. The Member also acknowledges that Jabbakam may collect non-personal identifiable information including but not limited to IP addresses, profile information, aggregate Member data and browser types. Should a Member access the Site from a computer with an IP address not associated with registration Jabbakam may take reasonable steps to confirm the Member’s identity.

The primary goal in collecting personally identifiable information is to provide a Member with the product and Services made available through the Site, to communicate with a Member and to manage a Member’s registered Member accounts if one exists. The information gathered helps Jabbakam in their efforts to ensure that a Member’s information is not accessed by third parties whom they have not authorised to access it. Jabbakam may receive and store any information or content a Member enters on the Site when registering for an account, filling out a profile, paying for credits or participating in any community services.

Disclosures

Jabbakam will not disclose personal information to any third party unless that disclosure is necessary.

Jabbakam engages certain trusted third parties to perform functions and provide Services including without limitation hosting and maintenance, customer relations, database storage and management and direct marketing campaigns. Jabbakam will share a Member’s personal identifiable information with these third parties but only to the extent necessary to perform these functions and to provide such Services and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of a Member’s data.

Jabbakam does not rent, sell or share personal information about a Member with other people or non-affiliated companies except to provide products or services a Member has requested, when Jabbakam has a Member’s permission, or under the following circumstances:

  1. Jabbakam provides the information to trusted partners who work on behalf of or with Jabbakam under confidentiality agreements. These companies may use a Member’s personal information to help Jabbakam communicate with a Member about offers from Jabbakam. However, these companies do not have independent rights to share this information.
  2. Jabbakam responds to court orders, legal process, or to any legitimate request by law enforcement authorities with which Jabbakam must or may comply.
  3. Jabbakam believes it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms or as otherwise required by law.
  4. Jabbakam may transfer information about a Member if Jabbakam is involved in negotiations undertaken with a view to Jabbakam acquiring or being acquired by or merged with another company. In this event Jabbakam will notify a Member before information about the Member is transferred and becomes subject to different Terms.

Modifications

Jabbakam may modify the Terms or any of the policies or guidelines governing the Site at any time and in its sole discretion by posting the modified Terms or other policies and guidelines on the Site. The modification shall be effective upon such posting (unless some other date is specified in the posting, in which case, that date shall be deemed the effective date for the modifications). The Member agrees to review the Terms periodically to remain aware of any modifications. Use of the Site indicates the Member’s full acceptance of the Terms in their current form each time the Member uses the Site.

Third Party Sites

Members may gain access to third party Sites on the Internet from the Site through hypertext or other web links. Such third party Sites are not within the supervision or control of Jabbakam and Jabbakam does not make any representations or warranties whatsoever about any third party Site that is linked to this Site. A link to a third party Site from this Site does not constitute an endorsement of the opinions, products or services offered on such third party Site.

Disclaimer and Limitation of Liability

Use of this Site, an Account or a Network Account is at the Member’s own risk. This Site and content therein are provided on an “as is” basis and “as available” basis except as otherwise prohibited by applicable law.

Jabbakam is not responsible for the availability or content of other services that may be linked to the Site.

Jabbakam makes no representation or warranties of any kind with respect to the Site or its Services.

All express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent allowed by law.

Jabbakam is not responsible or liable for the conduct of any Member whether online or offline. Under no circumstances shall Jabbakam be responsible for any loss or damage, including personal injury or death resulting in any Member’s use of the Site, or any interactions between or among Members whether online or offline.

Jabbakam expressly disclaims any warranty of any kind including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. Jabbakam does not guarantee any specific results from the use of the Site. No advice or information whether oral or written obtained by the Member from Jabbakam or from or through use of the Site, shall create any warranty not expressly stated herein.

Jabbakam assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of Member communications or content. Jabbakam is not liable for any problems or technical malfunctions caused by any of the equipment or programming associated with or utilised by the Site.

Jabbakam is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Jabbakam Services or combination thereof, including any injury or damage to Members or to any person’s computer, internet phone, Camera or other electronic device related to or resulting from downloading materials or any other use in connection with the Jabbakam Services.

To the fullest extent allowed be law, in no event shall Jabbakam be liable to any Member or any third party for any loss or damages whatsoever that result from use of the Site and Services including but not limited to:

  1. any direct, indirect, special, consequential, punitive, or incidental damages;
  2. damages for loss of use, profits, data or other intangibles;
  3. damages for unauthorised use, non-performance of the Site, errors or omissions;
  4. damages related to downloaded information, posting information or sending or receiving emails;
  5. damages resulting from viruses, worms, Trojan horses or other contamination or destructive programmes even if Jabbakam has been advised of the possibility of such damages;
  6. damages resulting, directly or indirectly, from any delay in or failure in notifying any Member of Posted Content to which they have authorised access being uploaded,

even if Jabbakam is aware or has been advised of the possibility of such damages. In jurisdictions where such provisions are restricted, Jabbakam limits its liability to the fullest extent permitted under the relevant law.

Notwithstanding anything to the contrary contained herein, Jabbakam’s liability to the Member for any cause whatsoever and regardless of the form of the action shall at all times be limited to the amount paid, if any, by such Member to Jabbakam for use of the Site but in no case shall Jabbakam’s liability to the Member exceed the aggregate cost of any unused credits purchased by the Member. The Member acknowledges that if no fees are paid to Jabbakam for the use of the Site the Member shall be limited to injunctive relief only, unless otherwise permitted by law and shall not be entitled to damages of any kind from Jabbakam regardless of the cause of action.

Termination

You may terminate your Account at any time with effect from your next payment due date by deleting all your Cameras and cancelling your recurring payment authorisation(s), upon which access to your Account, any Network Account of which you are a Member and any Posted Content stored on your Account or on any such Network Account will be terminated.

The Member agrees that Jabbakam in its sole discretion may terminate the Member’s use of the Site and Services and remove and discard any content within the Site for any reason, including without limitation if Jabbakam believes the Member has violated or acted inconsistently with the letter or spirit of the Terms. Jabbakam may also, in its sole discretion and at any time, discontinue providing the Site and Services or any part thereof without notice.

The Member agrees that any termination of the Member’s access to the Site and Services under any provision of this Terms may be effected without prior notice and the Member acknowledges and agrees that Jabbakam may immediately deactivate or delete the Member’s Posted content and/or bar any further access to such files, the Site or Services. Further, the Member agrees that Jabbakam shall not be liable to the Member or any third party for any termination of the Member’s access to the Services.

The Terms will continue to apply to the Member’s past use of the Site and Services. Termination of access to and use of the Site and Services shall not relieve the Member of any obligations arising or accruing prior to such termination or limit any liability that the Member otherwise may have to Jabbakam.

Upon a Member’s use of the Site being terminated, the Member may request that Jabbakam return all Posted Content uploaded by the Member in a format and for the fee set out here, Return of Posted Content. Posted Content will only be returned to an IP address, or in the case of physical delivery, a postal address, previously associated with that Member. Failure to pay for the cost of such data delivery within 90 days of such Member’s termination shall result in the Posted Content being destroyed.

Jabbakam is granted a licence to retain Posted Content should such be required to assist in the detection or prevention of crime.

Miscellaneous

The expression “Jabbakam” in these Terms means, where the content so admits, Jabbakam Limited and its officers and employees and each of them and their respective heirs, successors, personal representatives and estates of Jabbakam Limited and such officers and employees and each of them.

No failure of Jabbakam to enforce any of its rights under these Terms shall act as a waiver of such rights.

If any portion of any provision of these Terms is found invalid or unenforceable that provision shall be forced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect.

Words imparting the masculine gender shall include the feminine and the neuter genders and vice versa; words in the singular shall include the plural and vice versa.

Notices

Jabbakam’s address for the receipt of notices is at Kingsway House, Havilland Street, St Peter Port, Guernsey, GY1 2QE.

Jabbakam may serve notices to Members at the last email address notified to the Site as being the contact address for the Member.

Entire Agreement

These Terms, together with the UK Terms, as the same may be modified from time to time constitute the entire agreement between Jabbakam and yourself and/or Jabbakam UK and yourself regarding the subject matter hereof. These Terms and, where applicable, the UK Terms, replace all prior or contemporaneous understandings or agreements written or regarding the subject matter hereof.

Applicable Law

Save in respect of any disputes arising out of any purchase of a Camera from Jabbakam (UK) Limited, which shall be resolved in accordance with the UK Terms, any disputes arising out of or relating to these Terms or use of the Site shall be resolved in accordance with the Laws of Guernsey and each Member irrevocably submits to the non-exclusive jurisdiction of the Courts of Guernsey.

Jabbakam makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of Guernsey. Access to the content may not be legal by certain persons or in certain countries. The Member hereby agrees that by accessing the Site from outside of Guernsey, he does so at his own risk and is responsible for compliance with the laws of that jurisdiction.

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