Terms of Use

Last updated: 05.09.2022

Preamble

ScreenCore Sp. z o.o., a legal entity duly registered under the laws of Poland (hereinafter the “ScreenCore”, “Company”, “We” or “Us”), whether directly or indirectly, owns and operates this https://www.screencore.com website (hereinafter the “Website”). These ScreenCore Terms of Use are made by and between ScreenCore and You or the entity You are authorized to represent (“You”,”Your” or “User”). Your use of and access to the Website constitute Your agreement to be bound by these Terms of Use (the “Agreement”) and any additional rules and guidelines that We post on the Website. If You do not agree to be bound by this Agreement, then You must not use the Website. We may change this Agreement at any time and without any notice to You. We recommend that You periodically visit this page to review this Agreement. By using the Website after we post any changes, You agree to accept those changes, whether or not You actually reviewed them.

BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and You must not use this Website if You are a minor. By using this Website, You represent and warrant that You (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet these requirements, You must not access or use the Website.

Who May Use the Website

This Website is offered and available to users who are 18 years of age or older. The Website is not intended for users under 18 years of age. By using this Website, You represent and warrant that You (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet these requirements, You must not access or use the Website. Even if Your parents or legal guardian have read and approved these Terms and Use, and Your use of the online services, they must also read and approve the Privacy Policy found at https://www.screencore.com, and You must not enter any personal information, such as Your name, address, telephone number, hobbies or email until Your parents approve that.

Disclaimers and Reliability and Information Accuracy

SCREENCORE AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SCREENCORE AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR SAGE OF TRADE.

NEITHER SCREENCORE NOR ANY THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.

By using the Website, You assume all risks associated with the use of this site, including any risk of Your computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a web page or Your access to it. ScreenCore shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues or lost profits, resulting from the use or misuse of the information contained in the Website. Although every effort has been made to provide complete and accurate information, ScreenCore makes no warranties, express or implied, or representations as to the accuracy of content on this website. ScreenCore assumes no liability or responsibility for any error or omissions in the information contained on the website or the operation of the website.

Indemnification and Limitation of liability

You agree to defend, indemnify and hold harmless ScreenCore, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT WILL SCREENCORE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW THE SCREENCORE’S LIABILITY SHALL BE LIMITED TO ONE HUNDRED (100) US DOLLARS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Intellectual Property

We are pleased to grant You a non-exclusive, revocable, limited license to use the Website solely for Your personal and non-commercial use. You may only use the Website in the manner in which Your usage is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. You may not use the Website to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by us. The licenses granted by ScreenCore terminate if You do not comply with these Terms of Use.

You agree that the Website, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by ScreenCore and or/ its licensors or other providers, and is protected by applicable intellectual property and other law. We may update the content on this Website from time to time in our sole discretion. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

The ScreenCore name and all related names, logos, product and service names, designs and slogans are trademarks of ScreenCore or its affiliates or licensors. You must not use such marks without the prior written permission of ScreenCore. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by ScreenCore. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Rules of Conduct

While accessing and using the Website You will comply with all applicable laws, rules and regulations. In addition, ScreenCore expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on Your compliance with the rules of conduct set forth in this section. Your failure to comply with such rules may result in termination of Your access to the Website and liability for such violation

You assume your knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

You are expressly prohibited from using the Website in any of the following ways or for any of the following purposes:

• You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws;
• You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else, you will not upload or transmit viruses, worms, trojan horses, logic bombs, destructive code or other material which is malicious or technologically harmful;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To impersonate or attempt to impersonate ScreenCore, a ScreenCore’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• To cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
• Otherwise attempt to interfere with the proper working of the Website.

You agree that in case ScreenCore determines any possible violation of this clause by You, ScreenCore reserves the right to cease Your right to use the Website immediately. You agree to cooperate with us in causing any prohibited using of the Website immediately to cease.

Reliance on Information Posted; Third-party links

The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk

The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites

Termination

This Agreement is effective until terminated. ScreenCore may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Agreement. Upon termination, Your right to use the Website will cease immediately. You also agree that ScreenCore shall not be liable to You or any third party for any termination of Your access to the Website or to any such information or files, and shall not be required to make such information or files available to You after any such termination

Entire Agreement

This Agreement, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between ScreenCore and You in relation to Your use of this Website. This Agreement shall apply in addition to and shall not be superseded by any other written agreement between us in relation to Your participation as a User.

Governing Law and Miscellaneous

• This Agreement shall be governed by and construed in accordance with the laws of the Poland without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of the applicable courts of Poland. Each party waives any objection it may have to such venue
• ScreenCore shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Agreement without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Agreement
• If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
• Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
• This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

Contact information

If you have a question or complaint regarding the Site or the meaning of application of this Agreement, please send an email to: legal@screencore.com

You may also contact us by writing to ul. CHODAKOWSKA, nr 53/57, lok. 22A, miejsc. WARSZAWA, kod 03-816, poczta WARSZAWA, POLSKA

Please note that email communications will not necessarily be secure; accordingly You should not include information that You consider to be sensitive in Your email correspondence