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Terms of Service

Updated date: April 25, 2022

Hangzhou Hikvision Digital Technology Co., Ltd and its affiliates ("HIKVISION", "we", "our", "us") provide courses, learning materials, quizzes, exams, certifications and training programs, etc. ("Content", "Contents") for use in conjunction with various HIKVISION products/solutions through all services that may be accessed at http://elearning.hrbaojie.com/en/, and all associated sites connected with http://elearning.hrbaojie.com/en/, excluding any third parties' sites (the "Websites"). The term "HIKVISION Services" means the Content provided on the Websites.

These Terms of Service ("Terms") govern your access to and use of HIKVISION Services. Your use of any HIKVISION Service may further be governed by the corresponding separate terms. The Privacy Policy is incorporated by reference into these Terms and you are agreeing to accept and abide by them by using HIKVISION Services. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, do not register or use any HIKVISION Services.

You will need to register an account via Websites to access HIKVISION Services ("Account"). For the purposes of seeking to provide you with a better experience, to improve HIKVISION Services or otherwise where you have consented, with such account without new registration, you may access to other services provided by HIKVISION over Internet and/or mobile applications. Any service-specific terms of service may apply to some services provided by HIKVISION, you are advised to read these Terms and any specific terms of service for your interest before using the services.

1. Using HIKVISION Services

You may use HIKVISION Services only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws. An OneHikID account ("Account") is required to use the Services, which can be used to log in HIKVISION official website and other websites as well. When you create your Account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

2. These Terms May Change

HIKVISION reserves the right to make changes to these Terms provided certain provisions of these Terms prove to be incomplete or outdated and further provided that these changes are reasonable for you, taking into account your interests. If we make any changes to these Terms, we will notify you by the email address specified in your Account or by means of notice on the Website of any such changes which will become effective immediately upon the release. Continued use of HIKVISION Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.

3. Content

Changes to Content. HIKVISION offers Content through the Websites. HIKVISION reserves the right to cancel, interrupt, reschedule, or modify any Content, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content provider instructions.

No Academic Credit. HIKVISION does not grant academic credit for the completion of Content. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content does not confer any academic credit. Upon completion of the relevant courses and passing the examination, HIKVISION will grant a certification of completion in certain programs. HIKVISION has no obligation to have certifications recognized by any educational institution or accreditation organization. You agree not to accept certifications for completing a Content unless you have finished relevant course, passed exams or obtained other equivalent documentation of your completion of the Content.

Third Party Content. Through the Services, you may have the ability to access and/or use Content or links provided by third parties other than HIKVISION. HIKVISION cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. HIKVISION disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.

4. Eligibility

You are prohibited from registering a Product for use with HIKVISION Services or from using HIKVISION Services unless you are 18 years of age or older, if individual, or, have obtained the authorization, if company. You may not use HIKVISION Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 18, or equivalent minimum age in the relevant jurisdiction. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use HIKVISION Services. Please contact us at elearning@hrbaojie.com if you believe your child has provided us with personal information in connection with HIKVISION Services.

5. Account

To use HIKVISION Services, you are required to create an OneHikID Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy and security of such information; and (iii) your use of HIKVISION Services does not violate any applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. HIKVISION is 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.

6. Security

We care about the security of our users. While we work to protect the security of your Account and related information, HIKVISION cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your Account by emailing elearning@hrbaojie.com.

7. Copyright and Trademark

Except for any user information and services provided by third party, all visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, educational videos, quizzes, study materials, exercises, and trademarks, trade names, contained on or available through the Services are owned by or licensed to HIKVISION, and HIKVISION reserves all rights therein and thereto not expressly granted by these Terms.

8. Term and Termination

These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services. You may cancel your Account at any time by contacting at elearning@hrbaojie.com.

9. License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download the Content only for your personal, non-commercial use, unless you obtain our written permission to otherwise using the Content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by HIKVISION, and you will not share access to your Account or access information for your Account with any third party without our prior consent. Using HIKVISION Services does not give you ownership of or any intellectual property rights in our Services or the Content you access.

10. License Restrictions

Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Contents or HIKVISION Services, (iii) copy or reproduce HIKVISION Services, Content or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in HIKVISION Services and Content; (v) use the HIKVISION Services in any form 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; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of the HIKVISION Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use HIKVISION Services for any service bureau, time-sharing, resale or similar purposes. HIKVISION reserves all rights and licenses in and to the Content and Services not expressly granted to you under these Terms.

11. Open Source

Certain items of software included with the HIKVISION Services are subject to "open source" or "free software" licenses ("Open Source Software"). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, HIKVISION makes such Open Source Software, and HIKVISION modifications to that Open Source Software, available by written request to HIKVISION at the email or mailing address listed below:

support@hrbaojie.com

By downloading/requesting the source code to any of the Open Source Software ("Source Code"), you agree to the following:

HIKVISION PROVIDES THE SOURCE CODE TO YOU ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIKVISION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIKVISION AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

12. Access to HIKVISION Services

When using HIKVISION Services, you shall not:

disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, HIKVISION Services or any computer network;

circumvent any technological measure implemented by HIKVISION or any providers or any other third party (including another user of HIKVISION Services) to protect HIKVISION Services;

upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, HIKVISION Services, or any other system, device or property;

run Maillist, Listserv, or any form of auto-responder or "spam" on HIKVISION Services;

attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or

jeopardize the security of your Account or anyone else's account (for example, by allowing another individual to login into HIKVISION Services as you).

13. Limitations of HIKVISION Services

HIKVISION Services are intended to be accessed and used for non-time-critical information. While we strive for HIKVISION Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. HIKVISION Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that HIKVISION is not responsible for any damages allegedly caused by the failure or delay of HIKVISION Services to reflect current status of the Product, notifications, or timing of your video content.

HIKVISION Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. HIKVISION does not offer any specific uptime guarantee for HIKVISION Services. HIKVISION is not liable for any losses arising from a suspension of HIKVISION Services.

All information concerning HIKVISION Services and use of the Product with HIKVISION Services is provided "as is" and "as available". HIKVISION does not guarantee that this information is correct or up to date.

14. Limitations of HIKVISION Services Due to Reliance on Third Parties

HIKVISION Services relies on certain third-party products and services. For example, some aspects of HIKVISION Services– such as data storage, synchronization, and communication – are enabled by Amazon Web Services and Internet Data Center or other providers. These third-party's products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100 % of the time. HIKVISION is not responsible for any damages and losses due to the operation of these third-party's products and services.

You further acknowledge that you are responsible for all fees charged by your ISP and carrier in connection with your access to and use of HIKVISION Services and access to your Products. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and carrier.

15. Release Regarding Third Parties

HIKVISION is not responsible for third parties or their products and services, including, without limitation, any third-party's products and services that enable HIKVISION Services, equipment, ISPs, carriers, the App Stores and among others.

HIKVISION HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE HIKVISION AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.

16. Indemnity

You agree to defend, indemnify, and hold HIKVISION, its affiliates, directors, officers, employees, shareholders, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys' fees, made by any third party due to or arising out of or in connection with (i) your use of HIKVISION Services and Content; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party. HIKVISION will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. WARRANTY DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIKVISION SERVICES (I.E. THE WEBSITE, THE MOBILE APPS AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS", AND "AS AVAILABLE" WITH ALL FAULTS AND ERRORS, AND HIKVISION AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

HIKVISION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH HIKVISION SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.

HIKVISION MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH HIKVISION SERVICES, AND HIKVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH HIKVISION SERVICES. HIKVISION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH HIKVISION SERVICES.

YOU ACKNOWLEDGE THAT THE USE OF HIKVISION SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. HIKVISION DOES NOT REPRESENT OR GUARANTEE THAT HIKVISION SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND HIKVISION DISCLAIMS ANY LIABILITY RELATING THERETO.

SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF HIKVISION SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT HIKVISION) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT HIKVISION SHALL NOT BE LIABLE IN THE EVENT THAT HIKVISION SERVICES IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE HIKVISION SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.

18. 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 INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE

HIKVISION SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY HIKVISION SERVICES OR BY FAILURES OF HIKVISION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIKVISION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO HIKVISION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO HIKVISION OR HIKVISION’S AUTHORIZED RESELLER FOR HIKVISION SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. HIKVISION DISCLAIMS ALL LIABILITY OF ANY KIND OF HIKVISION'S LICENSORS AND SUPPLIERS.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIKVISION AND YOU.

19. Dispute Resolution

You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and HIKVISION arising out of or relating to these Terms or HIKVISION Services (collectively, "Disputes") will be governed by and construed in accordance with the laws of the People's Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

If a Dispute arises between you and HIKVISION, our goal is to learn about and address your concerns. You agree that you will notify HIKVISION about any Dispute you have with HIKVISION regarding these Terms or our Products or HIKVISION Services by contacting HIKVISION at support@hrbaojie.com. We'll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 (ninety) days after submission, you or HIKVISION may bring a formal proceeding.

20. Binding Arbitration

You and HIKVISION agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of HIKVISION Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and HIKVISION. These Terms will be governed by the laws of the People's Republic of China and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission ("CIETAC") in Beijing in accordance with CIETAC rules. Unless otherwise precluded by law, you and HIKVISION shall each separately pay your or its own attorneys' fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

21. Limitation on Claims

Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of HIKVISION Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.

22. Entire Agreement; Waiver; Severability

These Terms constitute the entire and exclusive understanding between you and HIKVISION with respect to the use of HIKVISION Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between HIKVISION and you regarding HIKVISION Services. HIKVISION's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.

23. Assignment

You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without HIKVISION's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HIKVISION may freely assign or transfer these Terms without restriction.