1. Responsibility of Users and Content Rights. If you post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm, resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to promote the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming” or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content does not contain nudity, violence, or offensive subject matter or contains a link to an adult website and is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and does not solicit personal information from anyone under 18
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ScreenSleuth or otherwise.
* ScreenSleuth does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post on ScreenSleuth.com, and you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
* you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or throughout ScreenSleuth.
By submitting Content to ScreenSleuth for inclusion on the Website, you grant ScreenSleuth a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and marketing purposes. If you request to content deleted, ScreenSleuth will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ScreenSleuth has the right (though not the obligation) to, in ScreenSleuth’s sole discretion (i) refuse or remove any content that, in ScreenSleuth’s reasonable opinion, violates any ScreenSleuth policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ScreenSleuth’s sole discretion. ScreenSleuth will have no obligation to provide a refund of any amounts previously paid.
2. Non-commercial Use by all Users. Services provided by ScreenSleuth are for the personal, and limited commercial use and promotional use of all registered users and non-registered users and may not be used in connection with any commercial endeavors in the form of commercial advertisements, affiliate links, and any other forms of solicitation except those that are specifically endorsed or approved by ScreenSleuth. Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited and may be removed from the Website without notice and may result in termination of user privileges. Illegal and/or unauthorized use of ScreenSleuth, including collecting personally identifying information, usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ScreenSleuth Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited and may be removed from the Website without notice and may result in termination of user privileges. Appropriate legal action will be taken for any illegal or unauthorized use of ScreenSleuth.
3. Responsibility of Website Visitors. ScreenSleuth has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ScreenSleuth does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ScreenSleuth disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ScreenSleuth links, and that link to ScreenSleuth. ScreenSleuth does not have any control over those non-ScreenSleuth websites and webpages, and is not responsible for their contents or their use. By linking to a non-ScreenSleuth website or webpage, ScreenSleuth does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ScreenSleuth disclaims any responsibility for any harm resulting from your use of non-ScreenSleuth websites and webpages.
5. Copyright Infringement Policy. As ScreenSleuth asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ScreenSleuth.com violates your copyright, you are encouraged to notify ScreenSleuth. ScreenSleuth will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ScreenSleuth or others, ScreenSleuth may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ScreenSleuth will have no obligation to provide a refund of any amounts previously paid to ScreenSleuth.
6. Trademarks. ScreenSleuth.com, the ScreenSleuth.com logo, and all other trademarks, service marks, graphics and logos used in connection with ScreenSleuth, or the Website are trademarks or registered trademarks of ScreenSleuth or ScreenSleuth’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ScreenSleuth or third-party trademarks.
7. Changes. The Website, including without limitation to all content there available and these Terms and Conditions, may be changed at the sole discretion of ScreenSleuth and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
8. Limitation of warranties of ScreenSleuth, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and ScreenSleuth, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that ScreenSleuth, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
9. Limitation of liability of ScreenSleuth, its suppliers and its licensors. Except as otherwise expressly stated, in no event will ScreenSleuth, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if ScreenSleuth, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against ScreenSleuth, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to ScreenSleuth during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 10 represents a reasonable allocation of risk.
11. Indemnification. You agree to defend, indemnify and hold harmless ScreenSleuth, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
12. Disclaimer. You agree that ScreenSleuth is not responsible for any incorrect or inaccurate Content posted on ScreenSleuth’s Website(s), whether caused by Users of ScreenSleuth or by any of the equipment or programming associated with or utilized by ScreenSleuth.
13. Miscellaneous. These Terms and Conditions constitute the entire agreement between ScreenSleuth and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ScreenSleuth, or by the posting by ScreenSleuth of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Palm Beach County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; ScreenSleuth may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.