Screenpic Terms of Service
These Terms of Service apply to the software of Screenpic and web site http://screenpic.net/.
1. Your relationship with Screenpic
1.1. Your use of Screenpic’s products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Screenpic. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2. Unless otherwise agreed in writing with Screenpic, your agreement with Screenpic will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”.
1.3. The Terms form a legally binding agreement between you and Screenpic in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Screenpic in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Screenpic will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Language of the Terms
3.1. Where Screenpic has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Screenpic.
3.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Screenpic
4.1. Screenpic is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Screenpic provides may change from time to time without prior notice to you.
4.2. As part of this continuing innovation, you acknowledge and agree that Screenpic may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Screenpic’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Screenpic when you stop using the Services.
4.3. You acknowledge and agree that if Screenpic disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of the Services by you
5.1. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the relevant countries).
5.2. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.3. Unless you have been specifically permitted to do so in a separate agreement with Screenpic, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.4. You agree that you are solely responsible for (and that Screenpic has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Screenpic may suffer) of any such breach.
6. Privacy and your personal information
6.1. For information about Screenpic’s data protection practices, please read Screenpic’s privacy policy at http://screenpic.net/privacy/. This policy explains how Screenpic treats your personal information, and protects your privacy, when you use the Services.
6.2. You agree to the use of your data in accordance with Screenpic’s privacy policies.
7. Content in the Services
7.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
7.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Screenpic (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Screenpic or by the owners of that Content, in a separate agreement.
7.3. Screenpic reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Screenpic may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
7.4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5. You agree that you are solely responsible for (and that Screenpic has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Screenpic may suffer) by doing so.
8. Proprietary rights
8.1. You acknowledge and agree that Screenpic own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2. Unless you have agreed otherwise in writing with Screenpic, nothing in the Terms gives you a right to use any of Screenpic’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Screenpic, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Screenpic's brand feature.
8.4. Screenpic acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Screenpic, you agree that you are responsible for protecting and enforcing those rights and that Screenpic has no obligation to do so on your behalf.
8.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Screenpic
9.1. Screenpic gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Screenpic as part of the Services as provided to you by Screenpic (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Screenpic, in the manner permitted by the Terms.
9.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
9.3. Unless Screenpic has given you specific written permission to do so, you may not assign your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content license from you
10.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the Services.
11. Software updates
11.1. The Software which you use may automatically download and install updates from time to time from Screenpic. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Screenpic to deliver these to you) as part of your use of the Services.
12. Ending your relationship with Screenpic
12.1. The Terms will continue to apply until terminated by either you or Screenpic as set out below.
12.2. Screenpic may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Screenpic is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Screenpic offered the Services to you has terminated its relationship with Screenpic or ceased to offer the Services to you; or
(D) Screenpic is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Screenpic is, in Screenpic’s opinion, no longer commercially viable.
12.3. Nothing in this Section shall affect Screenpic’s rights regarding provision of Services under Section 4 of the Terms.
12.4. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Screenpic have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
13. Exclusion of warranties
13.1. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available”.
13.2. In particular, Screenpic do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Service will be uninterrupted, timely, secure or free from errors.
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
13.3. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
13.4. No advice or information, whether oral or written, obtained by you from Screenpic or through or from the Services shall create any warranty not expressly stated in the terms.
13.5. Screenpic further expressly disclaims all warranties and conditions of any kind, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
14. Limitation of liability
14.1. Subject to overall provision above, you expressly understand and agree that Screenpic shall not be liable to you for:
(A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services or other intangible loss;
(B) any loss or damage which may be incurred by you, including but now limited to loss or damage as a result of:
(I) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(II) any changes which Screenpic may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(III) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(IV) your failure to provide Screenpic with accurate account information;
(V) your failure to keep your password or account details secure and confidential;
14.2. The limitation on Screenpic’s liability to you in paragraph 14.1 above shall apply whether or not Screenpic has been advised of.
15. Copyright and trade mark policies
15.1. It is Screenpic’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
16. Advertisements
16.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2. The manner, mode and extent of advertising by Screenpic on the Services are subject to change without specific notice to you.
16.3. In consideration for Screenpic granting you access to and use of the Services, you agree that Screenpic may place such advertising on the Services.
17. Other content
17.1. The Services may include hyperlinks to other web sites or content or resources. Screenpic may have no control over any web sites or resources which are provided by companies or persons other than Screenpic.
17.2. You acknowledge and agree that Screenpic is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3. You acknowledge and agree that Screenpic is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1. Screenpic may make changes to the Terms from time to time. When these changes are made, Screenpic will make a new copy of the Terms available at http://screenpic.net/terms/
18.2. You understand and agree that if you use the Services after the date on which the Terms have changed, Screenpic will treat your use as acceptance of the updated Terms.
19. General legal terms
19.1. Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2. The Terms constitute the whole legal agreement between you and Screenpic and govern your use of the Services (but excluding any services which Screenpic may provide to you under a separate written agreement), and completely replace any prior agreements between you and Screenpic in relation to the Services.
19.3. You agree that Screenpic may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4. You agree that if Screenpic does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Screenpic has the benefit of under any applicable law), this will not be taken to be a formal waiver of Screenpic’s rights and that those rights or remedies will still be available to Screenpic.
19.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6. The Terms, and your relationship with Screenpic under the Terms, shall be governed by the laws of the Russian Federation without regard to its conflict of laws provisions. You agree that Screenpic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
20. Additional Terms for Enterprise Use
20.1. If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access Screenpic and to legally bind you to these Terms.