ANY PERSON OR ENTITY ("User" or "You") USING OR OTHERWISE ACCESSING THE APP KNOWN AS "SECOND SCREEN LTD & PARTNERS" ("App") AND/OR THE SITE AT www.secondscreenldn.com ("Site") OR ANY OF THE INFORMATION CONTAINED WITHIN THE APP AND/OR THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
1. Contracting parties. The App and the Site, together with all content, data and other materials contained therein ("Content") are owned or controlled by Second Screen Ltd & Partners, a company incorporated in England with its registered office at 115b Drysdale Street, Hoxton, London, N1 6ND. Second Screen Ltd & Partners is referred to in these terms and conditions as "we", "us", "our" or "SECOND SCREEN LTD & PARTNERS". When you register with (or otherwise access) the App and/or the Site, you are contracting with SECOND SCREEN LTD & PARTNERS. You must be 13 years of age or older to register or use the services available via the App and/or the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the App, the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the App and/or the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the App, the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via firstname.lastname@example.org and we will close your account as quickly as possible. Please note that you will be responsible to SECOND SCREEN LTD & PARTNERS and to others for all activity that occurs under your registration account.
4. Services. The SECOND SCREEN LTD & PARTNERS service available via the App and the Site provides you with the ability to send a communication to other users ("Post") which may include text, photographs or items of graphic artwork uploaded by you ("Content"). In creating a Post using SECOND SCREEN LTD & PARTNERSproprietary software, you will upload your own Content. You retain ownership of the rights you hold in such Content. Please note that some Content may be protected by copyright (even if not marked with the © symbol) and if you are not the creator of all Content then you must first get permission from the creator or copyright holder of the Content before uploading the Content to the App and/or the Site. Additionally, if you want to publish Content containing images of someone other than yourself, you should get permission from the individual(s) portrayed in the Content before uploading to the App and/or the Site for use in a Post. For the avoidance of doubt, do not upload any Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the App and/or the Site. You warrant that all Content uploaded by you, either from your own device or another site/server, is created and owned entirely by you or that you have the necessary licenses, rights and permissions to use the Content and to grant to us the rights granted hereunder. Use of the App and the Site is limited to personal, non-commercial purposes only.
5. Use of the Services.. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the App and/or the Site. The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the App and/or the Site, or limit the amount of storage space, bandwidth, or other resources you may use. Furthermore, we reserve the right to terminate any account without notice (and to delete any or all content associated therewith) if the account has been inactive for a twelve (12) month period or otherwise in our sole discretion. You are solely responsible for making backup copies of any and all of your Content.
6. Content. The App and he Site are intended only for the purposes specified or implied therein, and your use of the App, the Site and/or Content is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. SECOND SCREEN LTD & PARTNERS, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site. You may not publish, distribute, extract, re-utilize, or reproduce any part of the App, the Site in any form (including storing it in any medium) other than as expressly allowed herein and the Content (or under local law). The App, the Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
7. No Endorsement by SECOND SCREEN LTD & PARTNERS. We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any Posts or any other materials uploaded to the App and/or the Site or exhibited or otherwise exploited by users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with this Agreement and any other rules of user conduct for the App and/or the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
8. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the App and/or the Site, please immediately report such material (and the specific page on which it is found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
9. Submitting Material. When you upload material to the App and/or the Site, you hereby grant to us a worldwide, perpetual, non-exclusive license to use that material in any media the extent necessary to provide the Services and for promotional purposes. You further agree to waive any moral rights you may have in that material for the purposes of this license. You warrant and represent that you personally created such content and all materials contained within such content (or have obtained the necessary permissions). Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise in writing in advance, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the App or the Site.
10. Code of Conduct for User Content. You agree to obey all applicable laws in using the App and/or the Site, and agree that you are responsible for the contents and/or communications you upload to or initiate via the App and/or the Site, including Content, and Posts created therefrom. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the App and/or the Site):
You acknowledge and accept that when you upload material to SECOND SCREEN LTD & PARTNERS, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
11. Liability. You agree that the liability of SECOND SCREEN LTD & PARTNERS to you hereunder shall be limited to the amount you have actually paid to SECOND SCREEN LTD & PARTNERSfor its products or services hereunder of, if greater, US$100. Except as set out herein, SECOND SCREEN LTD & PARTNERS shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of SECOND SCREEN LTD & PARTNERS.
12. Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL SECOND SCREEN LTD & PARTNERS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SECOND SCREEN LTD & PARTNERSGIVES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE APP AND/OR THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE APP AND/OR THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE APP AND/OR THE SITE OR THROUGH THIRD PARTY WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
13. Indemnity. You agree to indemnify SECOND SCREEN LTD & PARTNERSfor any loss or damage that may be incurred by SECOND SCREEN LTD & PARTNERS, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the App, the Site and/or the Content. You further undertake to indemnify SECOND SCREEN LTD & PARTNERSfor all loss or damage incurred by SECOND SCREEN LTD & PARTNERSin relation to any third party claim against SECOND SCREEN LTD & PARTNERSfor infringement of intellectual property rights arising in relation to Posts or otherwise in relation to your provision of materials to the App, the Site and/or the Content.
14. Termination of this Agreement. SECOND SCREEN LTD & PARTNERSmay at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
15. Repeat Infringers. Your account will be terminated if, in SECOND SCREEN LIMITED reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid copyright notice or takedown request which has not been successfully rebutted).
16. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the App and/or the Site, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via firstname.lastname@example.org If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via email@example.com (making sure to include both the Uniform Resource Locator ("URL") for the non-complying content and the reasons you believe it does not comply).
17. Trade Marks. The brands, products and service names used in the App, the Site and/or the Content (including without limitation, "SECOND SCREEN LTD & PARTNERS") are trademarks or trade names of SECOND SCREEN LTD & PARTNERSor its trading partners unless otherwise stated.
18. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the App and/or the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. SECOND SCREEN LTD & PARTNERSwill cooperate with the authorities in prosecuting any User who Interferes with the App, the Site, the Content or otherwise attempts to defraud SECOND SCREEN LTD & PARTNERSor any other parties through your use of the App, the Site, the Content or any services provided hereunder. SECOND SCREEN LTD & PARTNERSreserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
19. No Partnership. Your use of the App, the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
20. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
21. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
22. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
23. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
24. Variation. This Agreement may be varied from time to time by our posting new terms on the App and/or the Site, and any such amendment will be applicable to all users from the date and time such revised terms have been posted on the App and/or the Site. Your continued use of the App and/or the Site constitutes agreement with and acceptance of any such amendment or other changes.
25. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
26. Contacting Us. If you have any questions, please contact us at the following address: Second Screen Ltd & Partners, 115b Drysdale Street, Hoxton, London, United Kingdom, N1 6ND, or email us via firstname.lastname@example.org.