Thanks for checking out Screenhero!
This is a contract between you and Screenhero. We’ve included some annotations that do not form a part of the contract itself, but are intended to emphasize key sections and help you follow the test. Please feel free to email us at email@example.com if you have any questions or suggestions!
When you sign up for a Screenhero account, you will agree to these Terms.
If we need to change our Terms in the future, we’ll let you know, and your continued use of Screenhero means you’ve accepted these terms.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on our Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You’ll need a Screenhero account, the Screenhero software, and Internet access in order to use Screenhero. Please don’t share your account with anyone else, and keep this infrmatiuon associated with your account up to date.
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Screenhero and are not barred from using the Services under applicable law.
Accounts; Internet Services. If you want to access and use the screen-sharing and other communication features of the Services you will have to create an account (“Account”). You can do this via the Software (as defined below). You agree to provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You acknowledge and agree that your use of the Software is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the screen-sharing and other communication features of the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Screenhero shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
Premium Accounts. In order to access certain features of our Services you will need to create a premium account (“Premium Account”). You agree to pay the fees we charge associated with the Premium Account you choose. If you elect to receive an invoice from Screenhero and not pay by credit card all such fees will be due and payable within thirty (30) days after the date of Screenhero’s invoice. If you elect to pay by credit card, you will be required to provide us with valid credit card information. Your credit card will be charged upon signup for the Premium Account, and will be charged in advance thereafter based upon the payment schedule associated with your Premium Account. All payment processing, storage of credit card information (if any) will be handled by Stripe Inc, (www.stripe.com). If you are paying by credit card, you authorize Screenhero to use Stripe for payment processing.
If any amount owing by you under these Terms is three (3) or more days overdue, Screenhero may suspend your Premium Account and the use of Services accessible therein until such amounts are paid in full. Screenhero will give you at least three (3) days’ prior notice that your account is overdue before suspending your Premium Account and the use of Services accessible therein. If your Premium Account access is suspended, you will still be able to access some features of our Services.
Taxes. Unless otherwise stated, the fees we charge for a Premium Account do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your use of the Services. If Screenhero has the obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide Screenhero with a valid tax exemption certificate authorized by the appropriate taxing authority.
In order to access the Services, you will have to download and install the Screenhero software (the “Software”). Screenhero agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of these Terms. You may not use the Software for anything other than as intended by Screenhero in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Screenhero are hereby reserved. You agree not to take any action to interfere with Screenhero's or its licensors’ ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by Screenhero to access the Software or the Services; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates these Terms, or any other agreements between you and Screenhero, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
We welcome feedback, comments and suggestions for improvements to the Software and the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You retain ownership in any content that you share with others through Screenhero. When you share your screen through Screenhero, you give us permission to transmit the contents of your computer screen over the Internet in order to make your screen available to your intended user. You also give that intended user permission to access and modify files and other content on your computer while you’re screen-sharing.
For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are made available to you through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services (for example, while exchanging messages or screen-sharing with another Account holder). Content includes without limitation User Content.
Screenhero does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Services you hereby grant to Screenhero a limited, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content for the sole purpose of operating and providing the Services and Content to you and to other Account holders. Notwithstanding the foregoing, Screenhero will only facilitate access to your User Content to other Account holders with whom you are connected via the functionality of the Services – for example, via a screen sharing session. Screenhero will never publicly share or distribute your User Content outside of the context of the functionality of the Services.
Additionally, when you engage in screen-sharing with another Account holder on the Services, you grant such Account holder a non-exclusive, non-transferable, non-sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content (including, without limitation, any content accessible from the computer on which the Software is installed and from which you are accessing the Services) and to access and modify your computer for the duration of your screen-sharing connection on the Services. If you do not wish to grant this license to another Account holder, do not engage in screen-sharing with such Account holder.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us and other Account holders the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Screenhero or other Account holders on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Please do not use Screenhero to share content that you don’t have the right to share, harass or lie to others, or otherwise abuse the functionality of Screenhero.
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Screenhero respects copyright law and expects its users to do the same. It is Screenhero’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Screenhero’s Copyright and IP Policy at https://screenhero.com/copyright.html, for further information.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services and the Software, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES, SOFTWARE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services and the Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You are solely responsible for your interactions with other users on the Services. When you engage in screen-sharing with another Account holder, such individual will have access to the contents of the computer on which the Software is installed and from which you are accessing the Services. Moreover, such Account holder will be able to take control of and modify content on such computer for the duration of your screen-sharing connection. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services. Screenhero is not responsible for the conduct of any Account holders on the Services. Your use of the Software, Services and Content is at your sole risk and discretion and Screenhero hereby disclaims any and all liability to you or any third party relating thereto.
You will indemnify and hold harmless Screenhero and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, Software or Content, (ii) your User Content, or (iii) your violation of these Terms.
NEITHER SCREENHERO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, SOFTWARE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCREENHERO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SCREENHERO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SCREENHERO FOR USE OF THE SERVICES, SOFTWARE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SCREENHERO, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCREENHERO AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.Agreement to Arbitrate
You and Screenhero agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Software or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Screenhero are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Screenhero otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.Arbitration Location and Procedure
Unless you and Screenhero otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Screenhero submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Screenhero will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Screenhero will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).Changes
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Screenhero changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Screenhero.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Screenhero’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Screenhero in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Screenhero and you regarding the Services, Software and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Screenhero and you regarding the Services, Software and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Screenhero’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Screenhero may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Screenhero under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Software or the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Screenhero’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Screenhero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, the Software or the Services, please contact Screenhero at:
21 Stillman St #3
San Francisco, CA 94107