Terms of Use
(Updated 01/09/2017)
Thanks for using our products and services (“Services”).
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
The Service
Screenlive®.tv is a property of APSULIS SARL (« APSULIS" "us", "we", the "company"). APSULIS has developed Screenlive®.tv (the "Site"), the APSULIS reporting engine (the "Engine") and associated software used to import reports (the "Software") for the display of contents (together known as the "Service" or "Services"). By using this Site and engine, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. If you do not agree to these terms, do not obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full term or duration of your use of the Site and Services. You are responsible for regularly reviewing these Terms. Please review them carefully.
Our Services display some content that is not APSULIS’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Modifications
APSULIS retains the right to, at any time, modify or discontinue, any or all parts of the Service without notice. Additionally, APSULIS reserves the right, in its sole discretion, to modify this agreement at any time, effective by posting new terms on the Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Site and/or Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.
Eligibility
Your eligibility for use of the Services is contingent upon meeting the following conditions:
(a) You are at least 18 years of age.
(b) You use the Site and Services according to these terms of Service and all applicable laws and regulations determined by the state and country of residence.
(c) You provide complete and accurate registration information and maintain accurate registration information on the Site.
(d) You agree and understand that APSULIS may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these terms.
Use of the Services
You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of this agreement and your account may be suspended without notice.
In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use automated scripts to collect information or otherwise interact with the Service or the Site;
(e) enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity.
You may need a Screenlive®.tv Account in order to use some of our Services. You may create your own Screenlive®.tv Account, or your Screenlive®.tv Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Screenlive®.tv Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give APSULIS (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you have a Screenlive®.tv Account, we may display your Profile name, Profile photo, and actions you take on Screenlive®.tv or on third-party applications connected to your Screenlive®.tv Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Screenlive®.tv Account.
You can find more information about how Screenlive®.tv uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Screenlive®.tv gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by APSULIS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by APSULIS, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Account Security and Password
Upon registration you will be provided with a login identifier (“username”) and a password in order to access the Site and use the Services. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your username and password.
Service Levels
APSULIS does not guarantee the Site or Service will be operable at all times or during any down time
(a) caused by outages to any public Internet backbones, networks or servers
(b) caused by any failures of Your equipment, systems or local access services
(c) for previously scheduled maintenance or
(d) relating to events beyond APSULIS' control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where APSULIS servers are located or co-located.
Complete accuracy in all aspects of your analytical data at all times also is not guaranteed.
Cancellation and Refunds
You may cancel your subscription at any time in your Account settings page. APSULIS charges at the end of your billing cycle. Refunds are reviewed case by case. To discuss a refund, please contact us.
Intellectual Property
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, are the sole property of APSULIS. Unauthorized use of any materials contained on this Site or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact APSULIS immediately at the address provided below.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the Site, Service, Engine, or third-party content without prior express written consent of APSULIS or the respective owner of said material. You are granted a limited-use, non-exclusive license to use APSULIS analytics engine and associated code for the purpose of interacting with the Services. APSULIS may revoke this license at any time without notification or your permission.
Disclaimer of Warranty and Limitation of Liability
The Site and Services are provided "as is." APSULIS, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Site or in connection with the Services. You exclude APSULIS from all liability for damages related to or arising out of the use of this Site or Services. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. APSULIS does not guarantee these Services will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact form on the Site or directly with the information below. You agree that APSULIS shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that APSULIS has no liability with respect to any applications you publish or distribute. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.
Indemnity
You agree to indemnify, defend and hold harmless, APSULIS, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.
Privacy Policy
In addition to, but under these terms, you agree to abide by and accept APSULIS' privacy policy (the “policy”) prior to using the Service. APSULIS will not sell, share, or disclose your data unless required by law. Any access of your data by a APSULIS employee, official, or representative will be for the express purpose of ensuring proper operation of the Service and such person will be bound by the same policy to not sell, share, transfer, or disclose any such accessed data. APSULIS does at any time reserve the right to access your data without your prior consent if a reasonable belief exists that such data is causing malfunctions, contains malicious code that has or could affect the Service or data of any third-party, infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or such data violates these terms of service or any law.
Miscellaneous; Applicable Law and Venue
APSULIS shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the french laws without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and french law, rules, and regulations, french law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Bordeaux, France. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by french Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to APSULIS must be sent to by mail to the address below, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without APSULIS' prior written consent, and any such attempt is void. The relationship between APSULIS and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Contact
If you have any questions about this agreement, please contact us here.
contact@screenlive.tv
You may also contact us by mail:
APSULIS SARL
6 rue d'Ecosse
F-375005 Paris