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Terms of Service

Below you find our ToS

Last Updated: 14. Oct. 2023 02:31:42 CEST
Introduction These Terms of Service ("Terms"), which include and incorporate the Privacy Policy accessible here as well as any other terms and policies included herein or referenced by hyperlink, form a legally-binding agreement between screenit.app, with it's registered address as Zevener Ring 10, 27367 Sottrum, Germany (the "Company", "we", "us", "our") and you ("you", "your", "yourself", "user"). By accessing the website accessible at https://screenit.app and any other sites/services run by us, collectively referred to as the "Service", you agree: We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility as a user to periodically check this page for changes. Your continued use of, or access to the Service following changes to these Terms constitutes acceptance of those changes. If you object to any of the changes made, your recourse shall be to immediately cease use of the Service.
Your Rights to Use the Service The Service provides a content sharing and hosting platform. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to, nor attempt to (a) use the Service for any purpose other than expressly permitted by these Terms; (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; (c) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned by the Company, except for the permissions and rights expressly granted in these Terms. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
Intellectual Property All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials", are owned by the Company and/or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, reproduce, republish, scrape, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express written permission. You acknowledge that by using the Service or by accessing any Service Materials that you do not acquire any ownership rights. All rights not explicitly granted by these Terms are reserved by the Company.
Your Account You are responsible for your login credentials and for all activity that results from the use of these, as well as any other activity on your account ("Account") on the Service. To sign up, you will be prompted to provide a username and password, as well as linking a Discord account. A unique string, used to upload content, ("Upload Key") will be generated for you upon sign-up. We reserve the right to reject any username at our sole discretion. You are responsible for keeping your login credentials secure, and are fully responsible through the activities that occur through the use of your credentials. You agree to contact us immediately if you believe your login credentials or Account has been compromised. The prior statements also apply to your Upload Key, it should be treated like a second password, and held to an equal level of confidentiality and security.
Prohibition of Temporary and Disposable Email Services In addition to the above, the User agrees not to use any temporary or disposable email services ('Trashmails') for the purpose of creating an account on this platform. We reserve the right to suspend or terminate any account found to be registered with such email services, without prior notice. The use of a valid, non-disposable email address is required to ensure the proper functionality of account-related features, including but not limited to password recovery and notifications.
Account Suspension The Company reserves the right, at its sole discretion, to suspend any User Account found to be in violation of these Terms of Service, suspected of engaging in illegal activity, or upon the receipt of a credible complaint. During the suspension period, the User will be restricted from accessing their Account, making any modifications therein, or deleting any content thereof. The suspension is intended to prevent the destruction of evidence and to allow for an investigation to be conducted. The User will be notified of such suspension and the underlying reason via the email address associated with the Account. The duration of the suspension will be determined by the Company based on the nature and severity of the violation or as required by applicable law. The Company will cooperate with any lawful request from law enforcement or other governmental bodies in relation to the investigation of the alleged unlawful activity associated with the suspended Account. Users have the right to appeal the suspension by contacting the Company through the designated channels. Following the conclusion of the investigation, and depending on its findings, the Company may, at its sole discretion, reinstate or terminate the User Account. Termination may result in the permanent deletion of all data associated with the Account.
Your Content Any data, text, images or other files uploaded by you to the Service is "Your Content". You warrant that Your Content is original and you exclusively own the rights to the content, including the right to grant all of the rights set forth in these terms of service without the Company incurring any liability or obligations from any third-party. Your Content is your sole responsibility and the Company will not take responsibility for any materials you upload, post, share or make available through other means. By uploading, distributing or otherwise using Your Content with the Service, you grant to us a perpetual, non-exclusive, transferable, royalty-free worldwide license to use, host, distribute and display Your Content solely in connection with operating and providing the Service. By using the Service, you acknowledge that you may experience content which you find offensive. You agree that the Company will not be liable for any user content under any circumstances. The Company reserves the right to remove or permanently delete Your Content from the Service, either with notice or without, for any reason, or none. If you believe a user is in breach of these Terms, you can inform us of this at [email protected].
Copyright The company makes an effort to respect the intellectual property of others, and we expect our users to do so as well. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you should notify the Company of your infringement claim by emailing us at [email protected].
Rules of Use The Service holds its users to strict rules to ensure that everyone can have a pleasant experience whilst using the service. These rules can be found here and you acknowledge that breaking these rules could result in termination of your account.
Communications You agree to receive communications from us electronically, through notifications within the Service, and if you choose to enable the feature, via Discord messages. By using the Service you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Service, and that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirements for such communications to be in writing.
Disputes You are solely responsible for how you interact with other users of the Service. The Company disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other Service users.
Feedback & Suggestions We welcome feedback and suggestions from our users regarding the Service. If you choose to provide comments, feedback or suggestions ("Feedback") (in written or oral form), you warrant that (a) you have the rights necessary to disclose the Feedback; (b) the Feedback doesn't infringe on the rights of any other person/entity; and (c) the Feedback doesn't contain the proprietary or confidential information of any third-party. By providing us any Feedback, you (a) agree that we are under no obligation of confidentiality with respect to the Feedback; and (b) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute and sublicense the Feedback.
Subscriptions We do not charge you a fee to use the core functionality of the Service, but additional features may be accessed through paying a subscription fee. We accept major credit/debit cards and other payment methods which we may make available to purchase subscriptions ("Payment Method"). By purchasing a subscription, you authorise screenit.app, or its designated payment processor, to charge your Payment Method for the specified purchase amount. We may, at our sole discretion, cancel your payment at any time by providing notice to you via provided contact information or by notifying you when you attempt to pay. We may cancel a payment or prevent you from further payment attempts for any reason, including, but not limited to, (a) attempting to use the Service in breach of any laws; (b) if you use the Service whilst in breach of these Terms of Service; (c) if we believe fraudulent, unlawful or improper activity is occurring in relation to a payment; (d) if we determine that your payments have high dispute/reversal rates or present us with an elevated risk of loss; or (e) failing to co-operate in any investigation by us into your payment attempt. We will provide an explanation of subscription features, however there may be times where certain information may be incorrect, incomplete or inaccurate. We reserve the right to change subscription descriptions, limit the number of subscriptions available or refuse to provide any user with access to a subscription. Refunds will only be accepted within the first 2 (two) days of your first subscription period. You can contact us via email ([email protected]) if you would like to request a refund. Prices displayed on the site may not include sales taxes. If they do not, you are responsible for paying the taxes related to your purchase. We reserve the right to charge you for any taxes that we have to pay in relation to your subscription purchase. By purchasing a subscription, you authorise us to charge your Payment Method on a monthly basis for the application subscription charge, all taxes or possible transaction fees, and any other charges incurred in connection with your use of the subscription service. Your payment to us will automatically renew at the end of your subscription period, unless you cancel your subscription before the end of the current subscription period. We may change the price of subscriptions, and will communicate any changes to the prices ahead of time, and if applicable the process for accepting these changes. Price changes will take effect at the start of the next subscription period after the date of the price change. As permitted by law, you accept the new price by continuing to use your subscription after the price changes take effect. If you do not agree with any price changes, you can reject the change by unsubscribing before the price changes come into effect. You may cancel your subscription at any time, and will continue to have access to your current plan until the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. At our sole discretion we may provide a refund, discount or "credits" if we see fit.
Third-Party Content Certain content and services used to help us provide the Service are from third-parties, however this does not mean that we endorse, support or are liable for their actions. In addition, we may link to third-party services to effectively provide the Service to you. By using these links, you acknowledge that you are leaving the Service, and that the content available on third-party sites is subject to their own terms of service and privacy policies. You agree that we are not responsible for any loss or damage incurred as a result of you accessing a third-party site or service.
Indemnification You agree to indemnify, defend and hold harmless screenit.app and our subsidiaries, affiliates, partners, directors, licensors, service providers, subcontractors and employees from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, made by any third-party due to or arising out of (a) your use of the Service; (b) your breach of these Terms or the documents they incorporate by reference; or (c) your violation of any law or the rights of a third-party.
Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions, which will remain in full force and effect.
Termination You may terminate your Account at any time and for any reason by contacting us via email at [email protected] and requesting for your account to be deleted. Upon request, you will need to provide sufficient proof that you own the Account in order for your request to be processed. The Company may terminate your Account and access to the Service (or at our sole discretion, specific portions of the Service) at any time and for any reason. We are not required to provide you with any notice or warning prior to any such termination. As a result of this termination, you may lose your Account and all associated data, and the Company is under no obligation to compensate you for any such loss.
Warranty Disclaimer TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILST WE AIM TO PROVIDE A CONSISTENT AND CONTINUOUS USER EXPERIENCE, WE CANNOT AND DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT IMPERFECTIONS, DELAYS OR DOWNTIME. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ACCESSIBLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You specifically acknowledge that the Company shall not be liable for user content, including, but not limited to, the content you have contributed to the Service.
Digital Services Act (DSA) We provide a detailed explanation of how we handle unlawful content on our platform in accordance with the Digital Services Act (DSA) legislation. The DSA is a significant legal framework introduced by the European Union to regulate online platforms and digital services, aiming to ensure compliance with legal obligations, promote user safety, and foster a trustworthy online environment. By outlining our procedures for dealing with unlawful content, such as images containing prohibited material, we demonstrate our commitment to complying with the requirements set forth by the DSA. This includes implementing mechanisms for automated content checks upon upload, enabling user reporting functionalities, and enforcing appropriate actions, such as content removal and user suspension, in case of violations. Providing transparency regarding our compliance with the DSA not only strengthens our legal standing but also underscores our dedication to upholding the principles of legality, safety, and respect within our online community. It ensures that our users understand their rights and responsibilities while using our platform and reinforces trust in our services. For a more detailed description of our rules, we refer to our dedicated page where our rules are explained in detail: https://screenit.app/rules.
Governing Law These Terms of Service and any separate agreements whereby we provide your Services shall be governed by, and construed in accordance with the laws of Germany, without regard to principles of conflict of laws and regardless of your location.
Modification of Terms The Company reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time without prior notice. It is the responsibility of the User to review the Terms of Service periodically for changes. The continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes. Should the User disagree with any modifications to the Terms of Service, their sole recourse is to cease use of the Services.
General Questions about these Terms, as well as any other queries can be directed to us at [email protected]. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement between you and us, and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of these Terms). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms may not be assigned by you without prior written consent by the Company, but are freely assignable by the Company. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the Company by virtue of having drafted them. You agree that the provisions of these Terms which are defined as surviving any termination will survive any termination of these Terms.
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