Skreens Terms of Service
Published: September 6, 2019
Effective: September 6, 2019
These Terms of Service (“Terms”) cover the use of all the services, applications, websites, or any other products (the “Services”) as provided by Skreens Entertainment Technologies, Inc. (“Skreens”, “we”, “us”, “our”). By accessing, using, browsing, registering for, creating an account within, or accessing the Services, continuing to use the Services after being notified of a change to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms now, do not access or otherwise use any of the Services.
When using or registering for an account with Skreens on behalf of a company, entity, or organization (collectively, “Entity”), you represent and warrant that you are an authorized representative of that Entity with the authority to bind that Entity to these Terms and grant the licenses set forth herein, and you agree to these Terms on behalf of such Entity.
When using the Services, you will be subject to Skreens’ Privacy Policy and any additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services. All such policies, guidelines, rules, terms, and conditions (“Guidelines”) are incorporated into these Terms by reference.
1. User Privacy. Your privacy is important to us. Please see our Privacy Policy for general information on how collect, use, and disclose your personal information as collected from you and your devices (“Data”).
2. Use of Services by:
a. Minors. The Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you only may use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you do not know whether you have reached the age of legal majority where you live, or do not understand this section, please ask y our parent or legal guardian for help and consent before you use or access the Services. If you are the parent or legal guardian of a minor who creates a Skreens account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Skreens account or Services, including purchases and any other paid services, whether the minor’s account is now open or created later.
b. Blocked Persons. The Services are not available to you if you have been previously removed from the Services by Skreens.
c. Barred Persons. The Services may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the use of or the technology supported by the Services. These laws include restrictions on destinations, end users, and end use.
By downloading, installing, or otherwise using the Services as provided by Skreens, you represent that you are at least 13 years of age, that your parent or legal guardian agrees to be bound by these Terms if you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, and that you have not been prohibited from or previously removed from receiving the Services.
3. User Content. You are allowed to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, wiki contributions, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Services (“User Content”)
a. License.
i. If you submit, transmit, post, store, perform, or display User Content using the Services, you hereby grant Skreens and its sub-licensees, to the furthest extent and for the maximum duration (including in perpetuity) permitted by applicable law, an unrestricted, worldwide, irrevocable, transferable, fully sub-licensable, non-exclusive, and royalty-free right to(1) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, license, sub-license, keep copies of for archival purposes, perform, and display such User Content (including without limitation for promoting, redistributing, and commercially exploit part orall of the Services and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and, (2) use the name, identity, likeness, voice, or other biographical information that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, voice, or other biographical information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Skreens and its sub-licensees are allowed to use them to the extent indicated in these Terms.
ii. Following any termination of these Terms, these license rights will continue, but only for the following purposes: (1) Skreens’ internal purposes of maintaining back-ups of the Services; (2) Skreens’ use of the data included in User Content to provide and improve the Service; (3) continued use of User Content in marketing and/or advertising materials created prior to such termination of expiration; and, (4) as necessary to enforce Skreens’ rights and obligations hereunder.
b. Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
i. You are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
ii. Your User Content does not and will not:
1. Infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or
2. Defame any other person;
iii. Your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and,
iiii. Unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Skreens or third parties.
Skreens reserves all rights and remedies against any users who breach these representations and warranties.
c. Your Own Risk. Skreens allows you to store or share your User Content or receive material from others. Skreens does not claim ownership of your User Content. Your User Content remains your User Content and you are responsible for it. For the avoidance of doubt, Skreens cannot be held responsible for your User Content or the material others upload, store, or share using the Services. When you share your User Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share, and display your User Content without compensating you. If you do not want others to have that ability, do not use the Services to share your User Content. To the furthest extent permitted by applicable law, you hereby agree that Skreens shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Skreens for any such unauthorized copying, usage, or distribution of the User Content, under any theory.
d. Promotions. You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through, or utilizing the Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules:
i. You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions.
ii. You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Skreens has the right to remove your Promotion from the Services if Skreens reasonably believes that your Promotion does not comply with the Terms or applicable law.
iii. Skreens is not responsible for and does not endorse or support any such Promotions. You may not indicate that Skreens is a sponsor or co-sponsor of the Promotion.
iiii. You will display or read out the following when referencing your Promotion: “Skreens does not sponsor or endorse, and is not responsible for, this promotion.”
e. Testimonials and Endorsements. You agree that your User Content will comply with any guidelines issued by the FTC from time to time, as well as any other advertising guidelines required under applicable law. You, and not Skreens, are solely responsible for any testimonials or endorsements you make regarding any product or service through the Services. For example, when discussing and/or promoting a company’s products or services, if you receive any form of payment or gift from the company or if you are employed by that company, you agree to comply with all FTC guidelines’ requirements on the disclosure of relationships.
4. Conduct. You agree not to violate any law, contract, intellectual property, or other third-party right, and that you are solely responsible for your conduct while on the Services. You agree that you will comply with these Terms and will not:
a. Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
b. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services’ accounts of others without permission, forge another person’s digital signature, misrepresent the source, identify, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
c. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
d. Harvest or collect the email addresses or other contact information of other users from the Services;
e. Defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
f. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
g. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is permitted expressly by the law of your jurisdiction of residence;
h. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is permitted expressly by applicable law notwithstanding this limitation;
i. Interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
j. Relay email from a third party’s mail servers without the permission of that third party;
k. Access any website, server, software application, or other computer resource owned, used, and/or licensed by Skreens, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Skreens may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed to Skreens, including but not limited to the Services;
l. Manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
m. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
n. Use or attempt to use another user’s account without authorization from that user and Skreens;
o. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
p. Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and,
q. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection, and privacy.
Skreens takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Skreens liable for any defamation, falsehoods, libel, mistakes, obscenity, omissions, pornography, profanity, or slander you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules to not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Skreens is not liable for any statements or representations included in User Content. Skreens does not endorse any User Content, advice, opinion, or recommendation expressed therein, and Skreens expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Skreens reserves the right to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
5. Devices and Services. You will need an internet connection and/or data/cellular plan to use the Services. You may require the use of additional equipment, such as a personal computer, mobile device, headset, camera, and/or microphone, for access to the Services, which may require communications with or the use of space on such equipment. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay Skreens for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
6. Account. In order to open an account, you will be asked to provide Skreens with certain information such as an email address, username, and password. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer or other account-accessible device, and for all activities that occur under your username, account and/or password. Please make sure the information you provide to us upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. Unless expressly permitted in writing by Skreens, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Skreens reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Third-Party Accounts.
a. Skreens may permit you to register for and log on to the Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy policy. Further information about how Skreens collects, uses, and discloses your personal information when you link your Skreens account with any third-party service can be found in our Privacy Policy.
b. You understand that when using the Services, you may be exposed to third-party content and conduct from a variety of sources, and that Skreens is not responsible for the accuracy, intellectual property rights, or other aspects of such content. You further understand that content on the Services is not rated. You may be exposed to content that is offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skreens with respect to such content.
8. Payment. The Services may offer you a variety of ways to purchase content, perks, products, or services (“Products”) while using the Services. If you purchase Products, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Products, you agree to pay that charge. The price stated for the Products excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your billing location as designated within your Skreens account. We may suspend or cancel the Products if we do not receive an on time, full payment fro you. Suspension or cancellation of the Products for non-payment could result in a loss of access to and use of your account and its content.
b. Billing Account. To pay the charges for Products, you will be asked to provide a payment method at the time you sign up for those Products. You can access and change your billing information and payment method within your Skreens account. Additionally, you agree to permit Skreens to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to update your account and other information promptly, including your email address and payment method details, so we can complete your transaction and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonable act on your changes to your billing account.
c. Billing. By providing Skreens with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information your provide is true and accurate; (ii) authorize Skreens to charge you for the Products or available content using your payment method; and (iii) authorize Skreens to charge you for any paid feature of the Products or Services you choose to sign up for or use while these Terms are in force. We may bill you (iv) in advance; (v) at the time of purchase; (vi) shortly after purchase; or (vii) on a recurring basis for subscription Products. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any charge in the amount to be charged for recurring subscription Products. We may bill you at the same time for more than one of your prior billing periods for amounts that have not been processed previously.
d. Recurring Payments. When you purchase the Products on a subscription basis (e.g. monthly, quarterly, or annually), you agree that you are authorizing recurring payments, and payments will be made to Skreens by the method and at the recurring intervals you have agreed to, until the subscription for those Products is terminated by you or by Skreens. You must cancel your Products before the next billing date to stop being charged to continue your Products. We will provide you with instructions on how you may cancel the Products. By authorizing recurring payments, you are authorizing Skreens to store your payment method and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Skreens or its service providers reserve the right to collect any applicable insufficient funds, returned item, or reject fee and process any such payment as Electronic Payments.
e. Online Statement and Errors. Skreens will provide you with an online billing statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 30 days after the error first appears on your bill. We then will investigate the charge promptly. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Skreens has identified a billing error, we will correct that error within 90 days.
f. Refund Policy. Unless otherwise provided by law or by particular offers for Products, all purchases are final and non-refundable. If you believe that Skreens has charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
g. Canceling the Products. You may cancel Products at any time, with or without cause. Canceling paid Products stops future charges to continue the Products. You may cancel Products in your Skreens account. You should refer back to the offer describing the Products as (i) you may be obligated to pay cancellation charges; (ii) you may be obligated to pay all charges made to your billing account for the Products; and (iii) you may lose access to and use of your account when you cancel the Products.
h. Trial Period. If you are taking part in any trial period offer, you may be required to cancel the trial Products within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Products at the end of the trial period.
i. Price Changes. We may change the price of the Products at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Products before the price change takes effect. If there is a fixed term and price for your offer, that price will remain in force for the fixed term.
j. Payments to You. If you are owed a payment by Skreens, then you agree to provide us in a timely and accurate manner with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You also must comply with any other conditions we place on your right to any payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
9. License. The Services are owned and operated by Skreens. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content), including, without limitation, Skreens’ trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Skreens or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Skrees, by agreeing to these Terms you are granted a limited, non-sublicensable license to access and use the Services for your personal use or internal business use only. Skreens reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of the Services or the Materials; (b) distribution, public performance, or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion them; (d) use of any data mining, robots, or similar data gathering or extraction methods; € downloading (except page caching) of any portion of the Services, the Materials, or any information contained in them, except as expressly permitted on the Services; or (f) any use of the Services or the Materials except for their intended purposes. Any use of the Services or the Materials except as specifically authorized in these Terms, without the prior written permission of Skreens, is expressly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Skreens can terminate this license at any time, without notice, including where we reasonably consider that: (g) your use of the Services violates these Terms of applicable law; (h) you fraudulently use or misuse the Services; or (i) we are unable to continue providing the Services to you due to technical or legitimate business reasons.
10. Reservation of Rights and Feedback. Except as expressly provided under these Terms, Skreens does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned or controlled by Skreens or any related entity, including but not limited to any name, trade dress, logo, or equivalents. If you give to Skreens any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you give to Skreens, without charge, royalties, or other obligation to you, the right to make have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Skreens to license its software, technologies, or documentation to any third party because Skreens includes your Feedback in them.
11. Copyright Infringement. Skreens respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. It is our policy to respond to clear notices of claimed copyright infringement that fully comply with the DMCA. Please not that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. Skreens may, at its discretion, share a copy of your notification or counter-notification with third parties (this may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication).
12. Termination. To the fullest extent permitted by applicable law, Skreens reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased Products, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (d) the Services, (e) any term of these Terms, (f) any policy or practice of Skreens in operating the Services, or (g) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
13. Disputes.
a. Indemnification. You agree to indemnify, defend, and hold harmless Skreens, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any User Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Skreens reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Skreens, and you agree to cooperate with Skreens’ defense of these claims. Skreens will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
b. Warranties and Disclaimers. To the fullest extent permitted by applicable law:(i) the Services and the content and Materials contained therein are provided on an “as is” basis without warranties of any kind, either express or implied, except as expressly provided to the contrary in a writing by Skreens; (ii) Skreens, and its affiliates, partners, and suppliers (“Skreens Parties”) disclaim all other warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the Services, including any information, content, or materials contained therein; (iii) Skreens does not represent or warrant that content or Materials on the Services are accurate, complete, reliable, current, or error-free; (iv) Skreens is not responsible for typographical errors or omissions relating to the text or photography; and (v) while Skreens attempts to make your access and use of the Services safe, Skreens cannot and does not represent or warrant that the Services or our server(s) are free of viruses or other harmful components, and therefore, you should use industry-recognized software to detect and disinfect viruses form any download, no advice or information, whether oral or written, obtained by you from Skreens or through the Services will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 13, the term “Skreens” includes Skreens’ officers, directors, employees, shareholders, agents, licensors, and sub-contractors.
c. Limitation of Liability and Damages.
i. Limitation of Liability. To the fullest extent permitted by applicable law:
1. In no event shall Skreens or the Skreens Parties be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Services, the content, or the Materials, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Skreens, or that result from mistakes, omissions, interruptions, deletion of files or email, 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 Skreens’ records, programs, or services; and
2. In no event shall the aggregate liability of Skreens, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months immediately preceding the date of the claim or ten dollars ($10.00), whichever is greater.
ii. Reference Sites. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Skreens and received through or advertised on the Services or received through any reference sites.
iii. Basis of the Bargain. You acknowledge and agree that Skreens has offered the Services, User Content, Materials, and other content and information, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Skreens, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Skreens. Skreens would not be able to provide the Services to you on an economically reasonable basis without these limitations.
d. Applicable Law and Venue.
i. To the fullest extent permitted by applicable law, you and Skreens agree that if you are an Entity or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
Please read the following carefully because it requires you to arbitrate disputes with Skreens and limits the manner in which you can seek relief from Skreens.
You and Skreens agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Skreens are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you from suing in court or from having a jury trial. You and Skreens agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Skreens shall be sent to Skreens Entertainment Technologies, Inc., Attn: Legal, 150 Kerry Place, Floor 2, Norwood, MA 02072. You and Skreens further agree: to attempt information resolution prior to any demand for arbitration; that any arbitration will occur in Norfolk County, Massachusetts; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS under the Federal Arbitration Act; and that the state or federal courts in Norfolk County, Massachusetts, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the Commonwealth of Massachusetts and applicable law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Skreens will not commence against the other a class action, class arbitration, or other representative action or proceeding.
ii. If you are a resident in any jurisdiction in which the provision in the section (i) above is found to be unenforceable, then the following shall apply:
1. Any disputes, claims, or causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of the jurisdiction of your residence.
2. Any disputes, claims, or causes of action arising out of or in connection with these Terms shall be resolved by competent civil courts within your jurisdiction of residence.
e. Claims. You and Skreens agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
14. Miscellaneous.
a. Modification. Skreens may amend any of the clauses of these Terms by posting the clauses. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the clauses.
b. Requests for Information. All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes, or for third party user information, form any Services must be made using the appropriate level of legal process, and must be properly served on Skreens via our physical Massachusetts address found below:
Skreens Entertainment Technologies, Inc.
c/o Legal
22 Ames Road
Foxboro, MA 02035
Please note that Skreens does not accept such requests for information or documents, or service of process, via email or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (e.g. the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.
c. Waiver. If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
d. Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
e. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skreens without restriction. Any assignment attempted to be made in violation of this Terms shall be void.
f. Survival. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including but not limited to Sections 1, 3, 4, 7, 8, 9, 10, 13, and 14.
g. Entire Agreement. The Terms, together with the Privacy Policy, is the entire agreement between you and Skreens relating to the subject matter herein and will not be modified except in writing, signed, or otherwise agreed to by both parties, or by a change to these Terms made by Skreens as set forth in Section 14(a) above.