By using the ScreenScape.com web site ("Service"), a service of ScreenScape Networks Inc. ("ScreenScape Networks"), you (a "Member") are agreeing to be bound by the following terms and conditions ("Terms of Service"). ScreenScape Networks reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or change the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. You agree to use the Service at your own risk.
For more information contact ScreenScape Support
1. You must be 13 years or older to use this Service.
2. You must be a human. Memberships registered by robots or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. ScreenScape Networks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and all activity that occurs under your membership.
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. ScreenScape Venue memberships are offered for use by individual businesses as an authoring service for screen displays which are owned and operated by the account owner and used in the normal course of business.
8. ScreenScape Group memberships are offered for use by individual businesses as a content distribution service for the express purpose of disseminating content to screen displays which are owned and operated by Member accounts.
9. One (1) ScreenScape membership is intended for access by one (1) party at one (1) location. No Member is authorized to: (a) share their individual Member access with multiple parties; (b) share their individual Member access with individuals operating outside of their immediate organization; (c) share their individual Member access with external Service Providers for the purpose of remote content creation or Display management; (d) use an individual Membership on behalf of another party, for the purpose operating a Display at the venue of the other party.
10. ScreenScape Venue Memberships are offered for use by individual businesses for the display of content to a single, unique and identifiable audience. A ScreenScape Venue may not operate their ScreenScape Display: (a) in more than one (1) physical venue; (b) on more than three (3) physical screens within one (1) physical venue.
11. If the bandwidth usage of any Member significantly exceeds the average bandwidth usage (as determined solely by ScreenScape Networks) of other members, ScreenScape Networks reserves the right to immediately disable or rate limit the account.
12. ScreenScape Networks encourages the sale of hardware, consulting services, and creative content services to ScreenScape Members where those services add value. Providers of services to ScreenScape Members agree to participate in ScreenScape’s service provider certification programme.
13. ScreenScape products and services may not be resold or bundled without express written consent by ScreenScape Networks. The retailing and delivery of the ScreenScape service is handled by ScreenScape directly and independently.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
14. A valid credit card is required for paying memberships.
15. All prices are quoted in USD, unless otherwise explicitly stated.
16. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial periods of service, or refunds for periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
17. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
CANCELLATION AND TERMINATION
18. You are solely responsible for canceling your membership. An email or phone request to cancel your account is not considered cancellation. You can cancel your membership at any time by clicking on the Account link in the control panel section of the ScreenScape application.
19. Upon membership cancellation, all uploaded Member Content is immediately removed from the Service. Reactivation of a cancelled membership does not guarantee access to previously uploaded content.
20. If you cancel your membership to the Service at least 1 business day before the end of your current paid period (monthly or annual subscription), your cancellation will take effect on the final day of your paid period and you will not be charged again.
21. ScreenScape Networks, in its sole discretion, has the right to suspend or terminate your membership and refuse any and all current or future use of the Service, or any other ScreenScape Networks service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your membership or your access to your membership, and the forfeiture and relinquishment of all Content associated with your membership. ScreenScape Networks reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
22. ScreenScape Networks reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
23. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ScreenScape Site (ScreenScape.com) or the Service itself.
24. ScreenScape Networks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PRIVATE BETA MEMBERS
25. By signing up for our Private Beta Program you acknowledge and understand that access to beta software is offered to you on an 'as is' basis and free to use only as long as ScreenScape is offering its private beta program.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
26. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by allowing your content to be shared publicly, you agree to allow others to view and share your Content.
27. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not ScreenScape, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. ScreenScape does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
28. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ScreenScape be liable in any way for any Content, including, but not limited to, for 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, transmitted or otherwise made available via the Service. You acknowledge that ScreenScape does not pre-screen Content, but that ScreenScape and its designatees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, ScreenScape and its designatees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ScreenScape or submitted to ScreenScape. You acknowledge and agree that ScreenScape may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ScreenScape, its users and the public.
29. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
30. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in ScreenScape's sole discretion as to what action should be taken.
31.You agree that you will not: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a ScreenScape official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial messages or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting yourself or others with inappropriate links, titles, descriptions, or (c) promoting yourself or others by posting multiple submissions in public forums that are identical; (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law. (k) "stalk" or otherwise harass another member of the service; (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; (m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) ScreenScape determines, in its sole discretion, is inappropriate for sale through the Service provided by ScreenScape; (n) use the Service as a forwarding service to another website; (o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, ScreenScape retains the right to terminate such account at any time without further warning.
32. The look and feel of the Service is copyright ©2007-2013 ScreenScape Networks Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ScreenScape Networks.
SCREENSCAPE SUPPORT POLICY
33. ScreenScape Networks Inc. provides customer assistance as stated in its Support Policy, the terms of which are incorporated into this Terms of Service by reference.
35. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
36. Technical support is only provided to paying account holders and is only available via email.
37. You understand that ScreenScape Networks uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
38. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ScreenScape Networks, or any other ScreenScape Networks service.
39. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ScreenScape Networks.
40. We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's ™ intellectual property or these Terms of Service.
41. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ScreenScape Networks customer, employee, member, or officer will result in immediate account termination.
42. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
43. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
44. You must not transmit any worms or viruses or any code of a destructive nature.
45. ScreenScape Networks does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
46. You expressly understand and agree that ScreenScape Networks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ScreenScape Networks has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data.......etc. (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
47. The failure of ScreenScape Networks to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ScreenScape Networks and govern your use of the Service, superseding any prior agreements between you and ScreenScape Networks (including, but not limited to, any prior versions of the Terms of Service).
48. Questions about the Terms of Service should be sent to support at ScreenScape dot net.
49. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable in the Province of Prince Edward Island, Canada, and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of the Province of Prince Edward Island.
50. Assignment and Binding Effect. ScreenScape Networks Inc. may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. You may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of ScreenScape Networks Inc. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
51. Entire Agreement. This Agreement sets forth the entire basic agreement and understanding between ScreenScape Networks Inc. and you the subscriber regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except by a writing signed by the party against whom the same is sought to be enforced.
52. Carrying their own specific terms of service, ScreenScape Marketing Programs are dependent upon you, the subscriber, having an account as outlined by these terms.
SHARING OF CONTENT
53. ScreenScape Members own all of the content and information they post on ScreenScape, and can control how ScreenScape shares their content through the Share settings defined for that content. In order for ScreenScape to use certain types of content and provide users with our Community service, ScreenScape Members agree to the following: (a) For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give ScreenScape the following permission, subject to your Share settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ScreenScape ("IP License"). This provision is in place to enable ScreenScape to Share your content with other members in the Community, and allows those members to play your Shared content on their Displays. This IP License ends when you delete your IP content, Unshare your IP content, or Cancel your account; (b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
REVISION OF "TERMS OF SERVICE"
54. ScreenScape shall post its official "Terms of Service" on the web page "http://screenscape.com/terms".
55. In case of revision, ScreenScape shall post on the "Terms of Service" page the effective date of the revision. The effective date will be equal to or greater than the calendar date of the posted change.
56. ScreenScape reserves the right to change its Terms of Service, for any reason, without consultation with current membership, effective as of the effective date of the revision.
57. Membership renewals occurring after the effective date of any revision are understood to be under the terms of the revised Terms of Service.
58. Effective Date October 17, 2011. ScreenScape Networks Inc. PO Box 291 Charlottetown, Prince Edward Island Canada C1A 7K4