Last updated June 27, 2013
Effective November 1, 2011
Welcome to Screenleap. These Terms of Service ("Terms") creates an agreement ("Agreement") between you and Screenleap, Inc. ("Screenleap", "us" or "we") regarding your access to and use of the services, including our various websites ("Website"), APIs ("API"), email notifications, software, applications, plugins, browser extensions, buttons and widgets (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appear on the Services (collectively, the "Content"). Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. Use of the browser extensions are also subject to the terms of the Browser Extension License.
Screenleap reserves the right to update and change the Terms from time to time, upon notice to you, which may be sent by email or posted on the Website. Any new features that augment or enhance the current Services, including the release of new features, tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.screenleap.com/terms
1. BASIC TERMS
You are responsible for your use of the Services, for any Content that you post to the Services, and for any consequences thereof. The Content you submit, post, or display publicly will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Screenleap and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Screenleap provides are always evolving and the form and nature of the Services that Screenleap provides may change from time to time without prior notice to you. In addition, Screenleap may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Screenleap shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The free version of the Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Screenleap on the Services are subject to change. In consideration for Screenleap granting you access to and use of the Services, you agree that Screenleap and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
As a condition to using the Services, you may be required to register with Screenleap and create an account ("Account"). You shall provide Screenleap with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You may not create multiple Accounts for disruptive or abusive purposes, or with overlapping use cases. Mass Account creation may result in suspension of all related Accounts. Accounts that are inactive for more than six months may also be removed without further notice.
If you select a personal screen sharing handle ("Handle") (e.g. www.screenleap.com/My_Name) for your Account, Screenleap reserves the right to reclaim, remove or transfer the Handle at any time, and for any reason. You may not 1) register Handles that infringe on copyrights or trademarks, that are intended to impersonate another person or entity, or that are obscene, vulgar, racist, illegal or hate-driven; 2) engage in Handle squatting; or 3) sell or transfer Handles for gain.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. Screenleap cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Customers may access Screenleap's Services via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Screenleap, is bound by the Terms of this Agreement.
If you wish to make use of the API, you will be required to create a Developer Account ("Developer Account"). You are solely responsible for any and all activities that occur under you Developer Account. You agree to notify Screenleap immediately of any unauthorized use of your Developer Account or any other breach of security.
You are solely responsible for properly cancelling your Developer Account. An email or phone request to cancel your Developer Account is not considered a cancellation. You can cancel your Developer Account at any time by clicking on the "Developer" link from the menu at the top right corner of the screen. The Developer page provides a simple no-questions-asked cancellation link.
You expressly understand and agree that Screenleap shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible-losses (even if Screenleap has been advised of the the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to Screenleap via the API may result in the temporary or permanent suspension of your account's access to the API. Screenleap, in its sole discretion, will determine abuse or excessive usage of the API. Screenleap will make a reasonable attempt via email to warn the account owner prior to suspension.
Screenleap reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
The Contents of Screenleap's free screen sharing service are not secure. Screen shares are not conducted over a secure connection, are not encrypted, and are not password protected. Any person possessing a screen share link or a personal Handle may view the corresponding screen share. Paid accounts offer the ability to conduct screen shares over a secure, encrypted connection.
Screenleap's screen sharing service does not enable remote control of computer systems.
5. FEES AND PAYMENT
Screenleap reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. A valid credit card is required for paid accounts. Free accounts are not required to provide a credit card number.
Paid accounts are subject to the following terms:
- Paid Services are billed in advance on a monthly or annual basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Screenleap does not accept any liability for such loss.
- Screenleap reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
7. CONTENT ON THE SERVICES
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Screenleap be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
8. YOUR RIGHTS
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content publicly on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license does not apply to Content that is not submitted, posted or displayed publicly (such as private screen shares).
You agree that this license includes the right for Screenleap to provide, promote, and improve the Services and to make public Content submitted to or through the Services available to other companies, organizations or individuals who partner with Screenleap for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Screenleap, or other companies, organizations or individuals who partner with Screenleap, may be made with no compensation paid to you with respect to the public Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Screenleap will not be responsible or liable for any use of your Content by Screenleap in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
9. SCREENLEAP RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Screenleap and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Screenleap name or any of the Screenleap trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Screenleap, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
Please review the Screenleap Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim Handles without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Screenleap, its users and the public.
Except as permitted through the Services or these Terms, you have to use the (upcoming) Screenleap Content API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Screenleap's computer systems, or the technical delivery systems of Screenleap's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Screenleap (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Screenleap (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Screenleap is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
11. COPYRIGHT POLICY
Screenleap respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Screenleap is capable of finding and verifying its existence;
- contact information about the notifier including address, telephone number and, if available, email address;
- a statement by you that you have 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
- a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Screenleap will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
ATTN: Copyright Agent
808 Bauer Dr
San Carlos, CA 94070
You are solely responsible for properly cancelling your paid account. An email or phone request to cancel your paid account is not considered a cancellation. You can cancel your paid account at any time by clicking on the Subscription link from the menu that is accessible from the top-right corner of the screen. The Subscription page provides a link that you can click on to cancel your paid account.
If you cancel the Service before the end of your current paid up month, you can continue using the Service until the end of your paid subscription period. You will not be charged again after cancelling.
All of your Content may be immediately deleted from the Services upon cancellation. This information can not be recovered once your Content is deleted.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your Account at any time by following the instructions on the Website. Screenleap may terminate your access to the Services or your Account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your Account. Screenleap may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your Account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. WARRANTY DISCLAIMER
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SCREENLEAP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Screenleap make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Screenleap Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Screenleap is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Screenleap of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL SCREENLEAP OR ITS SUPPLIERS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCREENLEAP EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SCREENLEAP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify and hold Screenleap, its parents, subsidiaries, affiliates, officers, and employees harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, Content you submit, post or make available through the the Services, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Screenleap shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Screenleap's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Screenleap's prior written consent. Screenleap may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Screenleap in any respect whatsoever.
19. ENTIRE AGREEMENT
These Services are operated and provided by Screenleap, Inc., 808 Bauer Dr, San Carlos, CA 94070. If you have any questions about these Terms, please contact us.
Last updated June 27, 2013
Effective November 1, 2011