Slickscreen Terms of Service (TOS)
General Information
The TOS constitute the entire agreement
between you and Slickscreen and govern your use of the Service,
superseding any prior agreements between you and Slickscreen.
The TOS and the relationship between you and Slickscreen shall
be governed by the laws of the State of New York without regard
to its conflict of law provisions. You and Slickscreen agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of New York, New York. The failure of
Slickscreen to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If
any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Proprietary rights
You acknowledge and agree that Slickscreen (or Slickscreen’s licensors) own all
legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist).
Unless you have agreed otherwise in writing with Slickscreen, nothing in the
Terms gives you a right to use any of Slickscreen’s trade names, trade marks,
service marks, logos, domain names, and other distinctive brand features.
Slickscreen acknowledges and agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content that you
submit, post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist). Unless you have agreed otherwise in writing with Slickscreen, you agree
that you are responsible for protecting and enforcing those rights and that
Slickscreen has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices) which may be affixed to or
contained within the Services.
Unless you have been expressly authorized to do so in writing by Slickscreen,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names or logos.
License from Slickscreen
Slickscreen gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by Slickscreen as part
of the Services as provided to you by Slickscreen (referred to as the “Software”
below). This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Slickscreen, in the manner permitted
by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a
derivative work of, reverse engineer, decompile or otherwise attempt to extract
the source code of the Software or any part thereof, unless this is expressly
permitted or required by law, or unless you have been specifically told that you
may do so by Slickscreen, in writing.
Unless Slickscreen has given you specific written permission to do so, you may
not assign (or grant a sub-license of) your rights to use the Software, grant a
security interest in or over your rights to use the Software, or otherwise
transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights you already hold in Content which you
submit, post or display on or through, the Services.
Software updates
The Software which you use may automatically download and install updates from
time to time from Slickscreen. These updates are designed to improve, enhance
and further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to
receive such updates (and permit Slickscreen to deliver these to you) as part of
your use of the Services.
Limitations of Liability
Under no circumstances shall Slickscreen be
liable for direct, indirect, incidental, special, consequential
or exemplary damages (even if Slickscreen has been advised of
the possibility of such damages), resulting from any aspect of
your use of the Slickscreen site or the service, whether the
damages arise from use or misuse of the Slickscreen site or the
service, from inability to use the Slickscreen site or the
service, or the interruption, suspension, modification,
alteration, or termination of the Slickscreen site or the
service. Such limitation shall also apply with respect to
damages incurred by reason of other services or products
received through or advertised in connection with the
Slickscreen site or the service or any links on the Slickscreen
site, as well as by reason of any information or advice received
through or advertised in connection with the Slickscreen site or
the service or any links on the Slickscreen site. These
limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
Disclaimer of Warranty
The site and services are provided on an "as is" and "as
available" basis without any warranties of any kind. To the
maximum extent permitted by law, Slickscreen, its affiliates,
officers, directors, agents, and employees expressly disclaim
all representations and warranties, whether express or implied,
oral or written, including any warranties of merchantability,
fitness for a particular purpose, non-infringement, title, quiet
enjoyment, and system integration. Slickscreen, its affiliates,
officers, directors, agents, and employees make no warranties
about the accuracy, reliability, completeness, quality, or
timeliness of the site or services, or that problems with the
foregoing will be corrected, or that the site is free of harmful
components.
Indemnity
You agree to indemnify and hold
Slickscreen, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand,
including attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make
available through the Service, your use of the Service, your
violation of the TOS, your breach of any of the representations
and warranties herein, or your violation of any rights of
another.