ScreenScape Terms of Service

Last modified: June 15, 2015

ScreenScape Networks Inc. (“ScreenScape”) provides digital signage and content management services through a variety of means including software, hardware, and the website at ScreenScape.com (collectively the “Service(s)”). If you use any aspect of the Services, and whether or not you have a member account, you agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, do not use the Services.

The Services may include any of the following: (i) a ScreenScape user account website that may be accessed at ScreenScape.com (“Site”), (ii) services accessible through the Site (“Web App”), (iii) software that may be downloaded to a media player device to access services (“Smart Player”), all for use in conjunction with (iv) ScreenScape-provided or ScreenScape approved hardware products (“Hardware”) and in other ways that ScreenScape provides. Some ScreenScape products and services can be used together or in ways that integrate with products and services from third parties.

ScreenScape reserves the right to update and change the Terms from time to time without notice. Any new features that augment or change the current Services, including the release of new tools and resources, shall be subject to the Terms. You agree to use the Services at your own risk. Continued use of the Services shall constitute acceptance of any revised Terms.

    1. You consent to ScreenScape installing patches, bug fixes, updates, upgrades, new versions and other modifications on your Hardware that ScreenScape may develop from time to time to improve the performance of the Services (“Updates”). These Updates are essential to our ability to properly deliver the Service to you. You may withdraw consent to receiving such Updates by terminating your account and ceasing use of the Services and the Hardware, or by contacting Support at ScreenScape, but such withdrawal may entirely limit or eliminate your ability to continue to use and enjoy the full benefits of the Services. Your continued use of the Services and the Hardware signifies your agreement to these Terms and any applicable End User License Agreement. For more information contact ScreenScape Support as indicated below in these Terms.

    2. To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Canadian, U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify ScreenScape of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. ScreenScape is not liable for any loss or damage arising from your failure to comply with the above requirements.

    3. You are responsible for all content posted and all activity that occurs under your Account.

    4. You may not use the Service for any illegal or unauthorized purpose. You must not violate any applicable laws using the Service (including but not limited to copyright laws).

    5. Intended use of ScreenScape Services: (a) The Services are intended to be accessed and used for non-time-critical information and control of ScreenScape related Hardware and Services. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond ScreenScape’s control, including Wi-Fi intermittency or service provider uptime, among others. You acknowledge these limitations and agree that ScreenScape is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. (b) No life-safety or critical uses of the Services. You acknowledge and agree that the Hardware and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. ScreenScape makes no warranty or representation that use of the Hardware or Services with any third-party product or service will affect or increase any level of safety. YOU UNDERSTAND THAT THE HARDWARE AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT AN EMERGENCY NOTIFICATION SYSTEM. (c) The Services will not be accessible without: (i) a working Internet connection that is positioned to communicate reliably with the Hardware; (ii) an Account; (iii) ScreenScape certified Hardware; (iv) always-on broadband Internet access in the location where the Hardware is operating; (v) a standard HDMI compatible television or computer monitor; and (vi) other system elements that may be specified by ScreenScape. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

    6. No user of ScreenScape Services is authorized to: (a) share their Account access with other parties; (b) share their Account access with individuals operating outside of their immediate organization; (c) share their Account access with external service providers for the purpose of remote content creation or display management; (d) use an Account on behalf of another party, for the purpose operating a display at the venue of the other party.

    7. ScreenScape Services may be operated with ScreenScape media player Hardware only.

    8. If the bandwidth usage of any Account significantly exceeds the average bandwidth usage of other Accounts (as determined solely by ScreenScape), ScreenScape may immediately disable or limit the Account.

    9. ScreenScape products and services may not be resold or bundled without ScreenScape’s express written consent.

    10. If you choose to enter into agreements or other deals with other ScreenScape members outside of ScreenScape authorized Services, you do so entirely at your own risk.

PAYMENT AND REFUNDS

    11. A valid credit card or written contract agreeing to invoiced payment terms is required for all Accounts.

    12. All prices are quoted in USD, unless otherwise explicitly stated.

    13. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial periods of service, or periods where an Account is open but unused.

    14. 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, shipping fees, or duties.

    15. Prices of all aspects of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from ScreenScape. Such notice may be provided at any time by posting the changes to the ScreenScape site (ScreenScape.com) or to the applicable Service.

CANCELLATION AND TERMINATION

    16. Pay-as-you-go subscriptions may be canceled at any time by sending express written notice to ScreenScape by mail, by fax to 902-368-3706, or by email to support@screenscape.net. You are solely responsible for canceling your Account. Term-based subscriptions cannot be canceled prior to the end of the agreed-upon term.

    17. Upon cancellation, all Content associated with an Account is considered immediately removed from all related Services. Reactivation of a cancelled Account does not guarantee access to previously uploaded Content.

    18. If you cancel your Account 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 at the end of the final day of your paid period and you will not be charged again.

    19. ScreenScape, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your Account, the deactivation of Services related to Hardware, and the loss of access to all Content associated with your Account. ScreenScape Networks reserves the right to refuse service to anyone for any reason at any time.

    20. If you transfer Hardware to a new owner, your right to use the Services with respect to that Hardware automatically terminates, and the new owner will have no right to use the Hardware or Services under your Account and will need to register for a separate Account with ScreenScape.

MODIFICATIONS TO THE SERVICE AND PRICES

    21. ScreenScape reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

    22. ScreenScape shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

    23. Over time, ScreenScape may provide the opportunity for you to interface the Hardware and Services to one or more third party products and services, through and using the Services, for example through the Works with ScreenScape platform (“Third Party Products and Services”). You decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. You acknowledge and agree that ScreenScape makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, ScreenScape is not responsible for your use of any Third Party Product or Service or any damage or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.

CONTENT AND CONDUCT RULES AND OBLIGATIONS

    24. 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.

    25. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages 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, use 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.

    26. In order for ScreenScape to use certain types of content and provide users with our Service, you 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 a reasonable period of time after you 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 IP content may persist in backup copies for a reasonable period of time (but will not be available to others).

    27. 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, 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 designates 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 designates shall have the right to remove any Content that violates the Terms 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 and 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;
      (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.

    28. ScreenScape cares about the integrity and security of your personal information. 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.

      ScreenScape is not responsible for third party networks, or their security, and such networks and your Content may be transmitted on networks or stored on servers and other devices outside of Canada.

    29. ScreenScape cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your ScreenScape related information for improper purposes. You acknowledge that you provide this information at your own risk.

    30. You understand that ScreenScape uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

    31. You agree that you will not:

      (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, 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, provincial, 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, provincial, 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;
      (p) modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ScreenScape, or any other ScreenScape service.
      (q) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without ScreenScape’s express written permission.

      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. 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.

    32. The look and feel, and software, of the Service is copyright ©2007-2016 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. The Service and all elements thereof are the sole worldwide intellectual property of ScreenScape. ScreenScape and the ScreenScape logo are registered trademarks of ScreenScape.

    33. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (ii) you agree not to access the Services in order to build a similar or competitive service; (iii) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (iv) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Hardware, or any other system, device or property; (v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vi) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by ScreenScape; and (vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

    34. Certain items of independent, third party code may be included in the Web App and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the 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 such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.

SCREENSCAPE SUPPORT POLICY

    35. ScreenScape provides customer assistance as stated in its Support Policy, the terms of which are incorporated into this Terms by reference.

SCREENSCAPE PRIVACY POLICY

    36. Any personal information provided to ScreenScape is subject to our Privacy Policy, the terms of which are incorporated into this Terms by reference.

GENERAL CONDITIONS

    37. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

    38. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ScreenScape customer, employee, member, or officer will result in immediate account termination.

    39. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. ScreenScape does not warrant that:

      (a) the Service will meet your specific requirements,
      (b) the Service will be uninterrupted, timely, secure, or error-free,
      (c) the results that may be obtained from the use of the Service will be accurate or reliable,
      (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, nor that
      (e) any errors in the Service will be corrected.

    40. You expressly understand and agree that ScreenScape 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 has been advised of the possibility of such damages), resulting from:

      (a) the use or the inability to use the Service;
      (b) 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;
      (c) unauthorized access to or alteration of your Content, transmissions or data;
      (d) statements or conduct of any third party on the Service;
      (e) or any other matter relating to the Service.

      Subject to the forgoing, the aggregate liability of ScreenScape under these Terms to you shall not exceed all fees paid by you to ScreenScape in the six month period preceding the date at which the first cause of any claim or claims arose. You acknowledge that the limitations in this section are a reasonable allocation of risk.

    41. The failure of ScreenScape to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

    42. The Terms constitute the entire agreement between you and ScreenScape and govern your use of the Service, superseding any prior agreements between you and ScreenScape (including, but not limited to, any prior versions of the Terms). Questions about the Terms should be sent to Support at ScreenScape.com.

    43. 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.

    44. These Terms 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 irrevocably submit, without regard to conflicts of law, to the exclusive jurisdiction of the courts of the Province of Prince Edward Island.

    45. Assignment and Binding Effect. ScreenScape 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. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

    46. Entire Agreement. This Agreement sets forth the entire agreement and understanding between ScreenScape and you the Account holder regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

ScreenScape Networks Inc.
PO Box 291
Charlottetown, Prince Edward Island
Canada C1A 7K4