TERMS OF SERVICE
1. Use of Website.
The Company grants you a time-limited, nonexclusive, non-transferable license to access the Website, Software and Digital Content for your personal use only. Any commercial use or other use in violation of these Terms of Service is not allowed. You may retrieve and display Digital Content from the Website on a computer or other device. However, the license granted by the Company does not allow you to download, print or copy any of the Digital Content.
To use the Website, you must have reached the age of majority in the state or country in which you reside, be no less than eighteen (18) years of age, be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service.
You may access the Website solely for the intended purpose of the Website, through the normal functionality of the Website. You may not use the Website for any illegal or unauthorized purposes. You may not use the Website in a way that could damage its content or impair its operation in any way. You agree not to access, or attempt to access, any portion of the Website by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so in a separate agreement by Company.
The Company owns and retains all right, title and interest in and to the Website, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front and backend systems, visual design and accompanying databases. These Terms of Service do not transfer any ownership rights in any of the foregoing to you or any third party. All of the content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, trademarks, service marks, trade dress and logos contained herein (marks), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Digital Content on the website is provided to you on an “as is” basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders.
In order to access certain features of the Website, you must create and/or log into a user account of your own. Use of another’s account is not permitted. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account. You are also responsible for maintaining the security of your account password. You agree to notify the Company immediately of any breach of security or unauthorized use of your account.
Digital Content may only be accessed and used on a computer or other device owned or controlled by you and running the relevant operating system for which the content concerned was designed. You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to access any Digital Content on that device. You accept responsibility, in accordance for all access to, and use of, any Digital Content by you on any device, whether or not it is owned by you.
The Company may, from time to time, restrict access to certain features, parts or content of the Website to users who have registered with us. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date.
You agree that the Company may, at any time and with or without prior notice, remove Digital Content from the Website if the Company determines, in its sole discretion, that it does not possess the appropriate or necessary rights to provide you with access to such content. In the event the Company elects to remove Digital Content from the Website, you agree that your sole and exclusive remedy shall be a refund of all amounts previously paid by you to the Company for the removed content.
You acknowledge and agree that the Company may store your name, interests, location, affiliation with educational institutions and/or non-profit memberships and street address (business or home). You further understand that the Company may also track your reading habits for the purpose of improving its products.
2. Payment for Digital Content.
Payment for all orders must be made by credit or debit card via the checkout page. The Company uses a third party payment services provider to take payment. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Your access to the Digital Content will be made available immediately when payment is authorized and you will have no right to change your mind (sometimes known as a “cooling off” right). By making a purchase, you accept all terms and conditions regarding that purchase set forth on the checkout page at the time of purchase.
When you pay to access to Digital Content, the Company warrants that it will substantially comply with the description provided.
3. Limitation of Liability; Disclaimer of Warranties.
The Company is not responsible for and makes no warranties, express or implied, as to any content appearing on or accessed through the Website, including without limitation, any Digital Content or the accuracy and reliability of such content. The Company is not responsible for any problems or technical malfunction of the Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any technical problems or traffic congestion on the Internet, including any injury or damage to any person’s computer related to or resulting use of the Website. Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any Digital Content or the Software. You acknowledge that the mobile service provider for any mobile device used to access the Website or its Digital Content may charge for internet access on that device.
The Website, Digital Content and the Software are provided by the Company on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, the Company disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, the Company makes no representation or warranty of any kind, express or implied: (i) as to the operation of the Website; (ii) that use of the Website will be uninterrupted or error-free or (iii) that the Website, its servers, the Software or Digital Content are free of viruses, scripts, trojan horses, worms or other harmful components.
The Company does not guarantee the continuous, uninterrupted or secure access to the Website, Software, or Digital Content. The operation of the Website may be interfered with by numerous factors outside the control of The Company.
Under no circumstances shall the Company be liable for any damages that result from the use of or inability to use the Website, including but not limited to reliance by you on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Company’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, including Digital Content, the Software and all services available through the Website.
The Company will not be liable for any indirect, incidental, special or consequential damages arising from the use of the Website, the Software, or the purchase of any Digital Content, even if the Company has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
You hereby agree to defend, indemnify and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including court costs and reasonable attorneys’ fees, arising from or related to your violation of these Terms of Service.
4. Interactive Community.
The Website offers opportunities for interactive activities, which enable you to communicate with other users directly, or which enable users to post information and other material that will be visible to other users (the “Interactive Community”). This Section 4, Interactive Community, applies to the activities of persons who are using interactive services on the Website (“Interactive Community Users”). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you participate in any interactive feature of the Website.
The Company reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
Notwithstanding the foregoing, the Company assumes no responsibility for ongoing monitoring of the Website or for removal or editing of any User Created Content, even after receiving notice. The Company assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The Interactive Community is not designed for use by Minors. No children under the age of 18 are permitted to register or create user profiles.
Interactive Community Users may submit for distribution on the Website only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for the Company to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The Company is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. The Company assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted the Company, a royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to the Company retains any and all rights which may exist in such User Created Content.
These Terms of Service constitutes the entire agreement between you and the Company with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
This Website contains links to other websites offering third-party products. You acknowledge that the license to third-party products that you obtain through a link to this Website is a binding agreement between you and the applicable third-party provider. You acknowledge that: you are acquiring a license to each third-party product from the application provider; the Company is acting as agent for the application provider in providing each such third-party product to you; and the Company is not a party to the license between you and the application provider with respect to a third-party product. The application provider of each third-party product is solely responsible for that third-party product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that third-party product.
In the event that any provision or part of these Terms of Service shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
The provisions of these Terms of Service are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that the Company shall have the right to assign these Terms of Service and/or any of the rights herein and these Terms of Service shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns and legal representatives.
No failure by either party to pursue any remedy resulting from a breach of any provision of these Terms of Service by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
Any notice, demand or other communication which may or is required to be given under these Terms of Service must be in writing and must be: (i) personally delivered; (ii) transmitted by United States postage prepaid mail, registered or certified mail, return receipt requested; (iii) transmitted by reputable overnight courier service, such as Federal Express or UPS; (iv) transmitted by legible facsimile, with confirmation of receipt; or (v) transmitted by electronic mail, with confirmation of receipt.
Alternatively, at the Company’s option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Marin County, California.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company, including User Created Content, infringe your copyright, you (or your agent) may send the Company a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices with respect to this Website should be sent to: SCREENTAKES DIGITAL PUBLISHING, LLC, PO BOX 6091, SAN RAFAEL CA 94903. The Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
These Terms of Service shall be governed in accordance with the laws of the State of California, County of Marin, applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the Superior Court of California, County of Marin located in San Rafael, California.
You consent to receive electronic communications from the Company, whether addressed to the e-mail address associated with your registration or posted on the Website. You acknowledge and agree that any communication via e-mail or by postings on this Website satisfies any legal requirement that such communications be made in writing.